Rape accused remanded in custody after removing tag
Editorial Department • Published 26 Jul 2012 13:00
A 19-year-old man facing a rape charge has been remanded in custody after removing the electronic tagging device he wears as part of his bail conditions.
Liam Gaffney of Corraglass Road, Letterbreen appeared in the dock at Enniskillen Magistrates Court on Monday after having been arrested that morning. Gaffney is to appear again in court on August 20.
A police constable told the court that Gaffney breached his bail conditions by the "purposeful removal of his electronic monitoring device". Police were notified by security company G4S and the defendant was arrested on Monday morning and "brought directly" to court regarding the damage. The constable made the application to court for Gaffney to be remanded in custody.
The constable said from his knowledge this had been the third breach of his conditions.
Defence for Gaffney said that the first breach was that Gaffney was in the Enniskillen area. "It wasn't an issue of being intoxicated. He was found in the area. He was actually to stay outside Enniskillen centre. When police attended at his home they found he had been taking drink. It was that he was out and about."
"He has been nine months on bail and there have been no breaches from September to June. He has now got himself involved in listening to other people. He got himself involved in bad company. That is why the breaches occurred. Up until then he was living with his mother and he goes out with other people who encourage him to go into Enniskillen. Unfortunately this time he has removed the tagging device. There is no excuse for that."
District Judge Liam McNally said that if he had made the application to remove the tag, there was a strong possibility that condition would have been removed.
He said that Gaffney would be remanded in custody and would appear in court on August 20. He can apply to the High Court for bail.
Gaffney faces one charge of rape and two charges of a sexual act by an adult with a child. All the charges relate to May 20 last year.
This article appeared in Impartial Reporter 26 Jul 12