A mentally handicapped sex offender who was released by a court because there were no facilities to detain him sexually assaulted a 14-year girl within days of his release.
Judge Kieran O'Connor said yesterday that it was an "extraordinary reflection" on the facilities available to the court and a terrible set of circumstances.
Last month the man pleaded guilty at Dublin Circuit Criminal Court to sexually assaulting an eight-year-old girl near his Co Dublin home.
The court heard defence submissions that there was nowhere in the State to detain the man under suitable supervision.
Mr James Dwyer SC, defending, said that such facilities were available in Northern Ireland, England and Scotland, but the Eastern Health Board had yet to fund a programme for the man outside the jurisdiction.
At that hearing, Judge Kieran O'Connor criticised the lack of facilities in the Republic and released the man under the supervision of his parents until yesterday. At yesterday's hearing the court heard Garda evidence that the man had sexually assaulted a 14-year-old girl outside his home on April 28th last. He was being kept under close supervision by his parents but had stepped outside the house for a cigarette when the assault took place.
Judge O'Connor said the situation was extremely urgent but Mountjoy and Arbour Hill could only be last resorts for the man. Mr Dwyer said he had contacted the EHB and it had agreed to pay for the man to go on a suitable rehabilitation programme in Belfast.
Judge O'Connor said that the EHB was known as diligent but it was difficult to find a place for the man in the short term.
Mr Fergal Foley, prosecuting, said the court did not have the authority to remand the man to the Central Mental Hospital in Dundrum, but could place him in custody with a recommendation that he be sent there. Judge O'Connor agreed and ordered a medical report be sent to the prison authorities.