Man challenges direction to include his name on sex offenders’ register

A man convicted of sexually assaulting a woman has launched a High Court challenge seeking to overturn a District Court judge’s direction that his name be included on the sex offenders register.

John Keady pleaded guilty last month to a charge of sexual assault against a woman at the Heritage Hotel Killenard, Portarlington, Co Laois on December 9th, 2018.

The offence was prosecuted summarily before Portlaoise District Court.

Keady (45), with an address at Durabhan, Roscam, Galway, brought €5,000 to court as a token of his remorse for the offence. He received a sentence of 10 months’ imprisonment, all of which was suspended.

The court also directed that Keady be subject of notification requirements provided for under the 2001 Sex Offenders Act, known as the sex offenders’ register, for a period of five years.

At the High Court this week, his counsel James Dwyer SC argued the notification requirements provided for in the 2001 Act did not apply because Keady had received a wholly suspended sentence and his victim was not mentally impaired or aged under 17 years at the time of the offence.

The District Court judge had erred in law by holding the offence committed by Keady was subject of notification requirements under the 2001 Act and lacked jurisdiction to direct his name be placed on the register, counsel said.

In his judicial review proceedings against the DPP, Keady seeks to have quashed the direction placing him on the sex offenders’ register. Permission to bring the challenge was granted, on an ex-parte basis (one side only represented), by Mr Justice Charles Meenan who returned the matter to April.