NI rapist has offence struck out with liberty to re-enter

A convicted rapist who went missing while out of jail on licence is not to be pursued at the moment in the Republic.

A convicted rapist who went missing while out of jail on licence is not to be pursued at the moment in the Republic.

Joseph McCabe, 29, whose address in the Republic was given as Belcruit caravan park, Burtonport was accused of failing to provide his name and other details to gardaí in the Republic between April 12 and 19 under the Sex Offenders Act.

At the time McCabe was released on licence in Northern Ireland after serving seven years of a 14-year-term.

Dungloe District Court heard that McCabe is now back in custody in Northern Ireland and is facing a sentence there.

Defence solicitor Donough Cleary asked that the matter be struck out in light of the fact that he is now being convicted for leaving the jurisdiction in Northern Ireland.

He said: “He has been punished in Northern Ireland for leaving the jurisdiction and he is now being presented here for the same act.

It’s like double jeopardy.”

Judge Paul Kelly noted that McCabe had failed to notify the sex offences registrar in Northern Ireland and that was why he was back before the courts there.

He added: “It doesn’t absolve him of the obligation to notify the registrar in this jurisdiction.”

McCabe surrendered himself in May after a Bench Warrant was issued.

Inspector Dennis Joyce observed that McCabe was likely to be in custody in Northern Ireland for the next 12 months.

“In fairness to Mr. Cleary it’s a summary offence,” he said.

Judge Kelly struck out the charge with liberty for the prosecution to re-enter it at some future stage. The PSNI confirmed in May that registered sex offender McCabe handed himself into one of their police stations.