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'I can't jail pervert..he might DIE' JUDGE FREES BEACH ASSAULT MAN, 62.

Byline: CONOR GALLAGHER

AN ill paedophile who abused a girl on a beach walked free from court yesterday - because jail could kill him, it was claimed yesterday.

A judge said he regretted not being able to cage the lying sex monster - but doing so would effectively end his life.

The pervert was given a sevenand-a-half-year sentence for sexually assaulting the 10-year-old, but this was suspended entirely on condition that he can only leave his home for five hours a day.

The Wicklow man has a lifethreatening illness and the Prison Service would not be able to handle his medical needs, Dublin Circuit Criminal Court heard.

The 62-year-old, who cannot be named to protect his victim, has previous convictions for rape and attempted murder dating back 27 years.

He had denied sexually assaulting the girl on a Wicklow beach on September 21, 2005, but was spotted jogging and convicted by a jury in February.

Judge Tony Hunt said he had committed perjury by "spinning a yarn" to the jury.

He added he felt a "certain amount of repulsion" for the man and regretted he couldn't jail him.

At a previous hearing Judge Hunt asked about having the man electronically tagged instead of prison, but was told that there was no scheme in place for this.

He ordered that if a scheme comes online the man be considered as a candidate for it. He further ordered he not leave his place of residence, except between 9.30am and 2.30pm and for medical appointments.

The judge gave a brief summary of the evidence, commenting that the man had taken advantage of her difficult family and personal circumstances.

Prior to the assault the man had volunteered to take the girl to school but on the third day he instead took her to the beach.

A professor, who was out jogging, saw the pair and said that there was "absolutely no doubt" that he had witnessed a serious sexual assault.

The now 14-year-old girl said she couldn't recall what happened because she was trying "to get rid of what happened to me." The man claimed he asked her to pull down her trousers to inspect a red mark on her leg she thought was bleeding so he rubbed it.

Judge Hunt said one of the "disgusting and revolting factors" of the case was that the man was not wearing underwear and he worried what might have happened if the professor had not come along.
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Publication:The Mirror (London, England)
Date:Jun 29, 2010
Words:410
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