A Dublin man serving 10 years for sexually abusing children has been refused early release because of his probation officer's concerns that there was "a serious risk of re-offending".
Mr Justice Kinlen, at the Central Criminal Court, said that in view of the evidence as it was before him he didn't think the court should at this stage interfere with the sentence to release the 42-year-old defendant. He adjourned further review of the case to December 15th next.
The defendant was jailed on July 26th, 1994 after he pleaded guilty to 34 sample charges of sexual abuse. The charges included three of rape, 22 of indecent assault and 12 of sexual assault on his daughter, his son and two daughters of a neighbouring couple on dates from 1985 to 1991.
Prosecuting counsel Mr Desmond Zaiden noted what he called "the very serious concerns" expressed by the probation officer in her report for the scheduled review hearing in July in which she said "there is a serious risk of re-offending".
Mr Zaiden noted the probation officer said that several times during her interview with him, the man referred to his daughter as enjoying the abuse and that it improved his relationship with her. He said the probation officer said this was "the distorted thinking of a child abuser" and that the defendant "also acknowledges he has continued to fantasise about young girls while in prison".
Mr Peter Finlay SC, defending, submitted that his client's view that the sexual abuse of his daughter contributed to a better relation with her was expressed at the time of the Garda inquiry but "now seven years later it is far from the truth". He now accepted he had a perverse relationship with his daughter which now today horrified him.
Mr Finlay said his client instructed him that he had never discussed fantasising about young girls with anyone and "was at a loss to know how the probation officer came to that conclusion". He had been a model prisoner who used his time well to complete several educational courses.
Mr Justice Kinlen also noted the comments of the probation officer and said a worrying aspect of the matter was that since his transfer to the Curragh Prison over three years ago the defendant had not engaged in any therapeutic treatment.