DPP urged to appeal six-month sentence for sex offender

Fresh controversy surrounds the case of sex offender Anthony Lyons after it emerged his six-year sentence can only be reactivated if he reoffends within two years of his release, rather than during the full six-year period.

The Rape Crisis Network of Ireland described the decision by the sentencing judge as “extraordinary”, saying it was the norm in sex offence cases to actually extend the good behaviour period beyond the actual term of the sentence.

The network has called on the Director of Public Prosecutions to appeal the sentence handed down to Lyons, claiming the mitigating factors for cutting his custodial sentence by five and a half years are not present.

Sentencing the wealthy businessman on Monday, Judge Desmond Hogan ordered him to pay €75,000 compensation to his 27-year-old victim. He said that having regard to the compensation order and “other mitigating factors”, he was suspending all but six months of the six-year sentence.

The judge further ordered Lyons, a 51-year-old married father, to be of good behaviour for two years upon his release and remain under supervision of the Probation Service for 12 months.

Policy officer of Rape Crisis Network, Cliona Saidlear, said that normally in cases of suspended sentences, the full sentence (in this case six years) “hangs over the head” of the convicted.

“If they reoffend in that period, the sentence is reactivated,” she said. “However, in this case the judge set the term lower, at two years. It’s quite unusual to do that. The norm for sex offences is to extend beyond the sentence, so to put it below the sentence is extraordinary.”

Ms Saidlear called on the DPP to appeal: “The DPP should appeal. I don’t see that the mitigation factors are present to justify cutting the custodial sentence from six years to six months, given he [Lyons] didn’t plead guilty and contested the case. I don’t see the rationale.”

The Dublin Rape Crisis Centre has also suggested the DPP take the case to the Court of Criminal Appeal if the victim was not happy with the outcome.

Meanwhile, Lyons, from Griffith Avenue, north Dublin, spent his first full day in Wheatfield Prison yesterday.

The prison, located in Clondalkin, west Dublin, is the largest jail in the country with 700 inmates.

While sex offenders are classified as protection prisoners, there is a designated wing in Wheatfield for sex offenders. This enables them to associate among themselves and do not have to be kept locked up in their cells.

Lyons was interviewed by the prison governor yesterday and will be interviewed by the head teacher and the industrial training manager to see if he is interested in classes or training.

He will only interact with counsellors or psychologists if he initiates contact. They will not approach him to enter therapy regarding his behaviour.

With standard remission, Lyons will be out in four and a half months and could be released earlier.

* National Rape Crisis Helpline: 1800 778888