A mentally-handicapped Co Cork man, who is serving a sentence for rape in the Central Mental Hospital in Dundrum, Dublin, because the Southern Health Board could not provide treatment for him, may be released soon.
The man, now aged 20, had his sentence review adjourned by Ms Justice McGuinness at the Central Criminal Court to February 1st so that updated medical and psychiatric reports can be provided.
He was jailed for five years in 1997 by Ms Justice McGuinness for raping an eight-year-old girl, but she directed that he should serve the sentence in a secure environment where he could receive treatment. The defendant, who has a learning disability, pleaded guilty to rape and buggery of the girl in a Co Cork village in October 1993. He was 14 at the time.
When she imposed sentence in June 1997, Ms Justice McGuinness said she was "deeply concerned" that the Southern Health Board did not have a service for sexual abusers or in-patient psychiatric care for children and young people.
Mr Barry White SC, defending, said that the man was now doing very well and worked an eight-hour day at the Central Mental Hospital. He recalled that the man's sister had made many attempts to have her brother treated in England before sentence was imposed. She was now back in Ireland and was willing to look after him in the family home.
Ms Justice McGuinness said she would be favourably disposed to the application to have the man released, but she needed the reports to support that position.
Mr Denis Vaughan Buckley SC, prosecuting, said he could not understand why the reports were not available. He could only surmise that there had been a breakdown in communications.
The offences occurred when the victim and her then 11-year-old brother were playing in the defendant's home with some of his relatives. He persuaded the girl to accompany him to a field, where they were hidden from view. The victim shouted for help when she was raped and her brother came to her and brought her home. She told him not to tell their parents, but a week later he did so, and the gardai were contacted.
The defendant was interviewed on November 30th, 1993. After an initial brief denial he admitted the crimes and made a full statement. He had no previous convictions and had committed no subsequent offences. Psychiatrists had re ported that he was fit to stand trial and he had pleaded guilty.