A High Court judge has said he is horrified that a Galway rapist is to be released next October without getting the therapy he ordered for the man when he jailed him in 1996.
Mr Justice Kinlen directed that the transcript of a review hearing at the Central Criminal Court for Alan McNeill (32), of Rahoon Park, Galway, be sent to the Minister for Justice and Law Reform.
"He is going to be let out no better than when he went in, and it is all due to financial reasons in a country that prides itself on its humanity and is in a financial boom, but cannot provide this treatment," he said.
Mr Justice Kinlen said he asked for McNeill to be given treatment in prison so that he could be given hope and a chance to rebuild his life when his sentence was over.
McNeill was "one of life's unfortunates who never had a chance" when growing up. He was taken from his parents and sent to St Joseph's in Clonmel where he was severely abused and raped by a Rosminian Order brother, who was recently jailed.
Mr Justice Kinlen had arranged a review hearing intending to release him if he had been given the therapy the court requested and if reports were favourable. However, two psychiatrists told the court it was not safe to release McNeill at this time even though he would be released in October anyway. He therefore could not review the sentence now.
"I'm horrified that my request made over three years ago has not been complied with. This type of situation makes it impossible for judges when nothing is done to help the prisoner or for the welfare of society," Mr Justice Kinlen said.
Some weeks ago Brother Sean Barry (53) of the Rosminian Or der was jailed for nine years by Judge Joseph Mathews at Clonmel Circuit Criminal Court for raping McNeill when he was in St Joseph's, Clonmel.
A retired detective garda, Mr Sean O'Callaghan, said McNeill forgave Barry at the Clonmel court hearing on the grounds that if he did not, he could not help himself.
McNeill was jailed in March 1996 for six years for buggering a 14-year-old boy after a cannabis-smoking session in May 1995. He had previously served four years of a six-year rape sentence imposed on him in England. He went to England again after the Galway buggery but returned voluntarily to face the charge and told the court his crime was "horrible".
Mr Justice Kinlen heard in March 1996 that McNeill had offered the victim and a friend a lift in his car and told them his name was "Alan". He drove them to a shed down a country road where he rolled joints, which they all smoked.
McNeill took the victim back to the car, leaving the other boy in the shed. He offered the victim £50 if he showed him his "privates" but when the boy resisted, McNeill grabbed him and raped him.
He then drove both boys to a location near their home and gave them a cigarette box with his telephone number on it. They identified him from photographs and he was arrested.