A BRITISH soldier who is absent without leave and has been under round the clock guard for his own protection in Mountjoy Prison has had his sentence for a sexual attack on a prostitute adjourned for a year by Dublin Circuit Criminal Court.
Judge Cyril Kelly said that while the courts had a duty to protect everyone, including prostitutes, he agreed with defence counsel, Mr Patrick Marrinan, that Thomas Shine had a luckless life.
A prosecution by his employer against Shine last year for the larceny of a sandwich had been an abuse of the system. Shine had given the sandwich to his brother, whom he had not seen for 10 years. The sandwich bar owner had attempted to bludgeon Shine, said Judge Kelly.
Shine (24), with an address at the Iveagh Hostel, Dublin, had pleaded guilty to assaulting the woman on July 16th last with intent to commit sexual assault. He also admitted robbing her.
Mr Marrinan said that both Shine and his elder brother had been put into care because of violent abuse at home. Shine had joined the 5th Royal Inniskilling Regiment when the Irish Army said he was too young. He found two tours of duty in Northern Ireland "quite traumatic" and went absent without leave last March from a German base.
Det Garda Ian Ferris said that the victim was from Co Down and worked some nights in Dublin as a prostitute. Shine met her on Baggot Street and they agreed a figure for sex, but Shine began speaking in a way which disturbed her and she objected. He grabbed her by the arm, forced her into a laneway and demanded that she hand over her handbag. He put his hand inside her dress and said: "You know what happens now?" He answered his own question by adding: "Rape."
A couple travelling in a van intervened and Shine ran off. They took the woman to Pearse Street Garda station and went back to look for Shine, who was eventually cornered and arrested.
Judge Kelly remanded Shine on his own bail to January 27th, 1997, and paid tribute to a counsellor and his wife, who had offered him a place in their home and help to secure a job and a flat. He ordered him to remain under the supervision of the probation service.