‘Threat to women of Cork’ freed on bail

A rapist who was described as a “serious threat to the women of Cork” has been granted bail pending an appeal against the reactivation of the suspended portion of his 18-year sentence.

Last February John English, aged 36, was sent back to jail for five years for not complying with the conditions of release from prison on an 18-year sentence for the rape of an Australian woman he met in a pub in Cork City in 2002. He was sentenced to 18 years with five suspended in 2004. He has convictions for sexual assault, false imprisonment, and assault causing harm dating back to 1993.

He was described by Mr Justice Barry White at the time as “a danger and a menace to society” and “a serious threat to the women of Cork”. He suspended five years of the sentence on condition English comply with all recommendations made by the Probation Services, which directed that he abstain from alcohol.

After English was released in Sept 2012, he was spotted drinking and the case was re-entered in the Central Criminal Court to have the five-year jail term activated.

He appeared in court on Nov 19 and promised to stay off alcohol if the case was adjourned to give him another chance. That evening he was seen by gardaí drinking with his father in a Cork pub.

He was ordered to appear again in court but failed to show. He was arrested two weeks later in Dublin by chance when gardaí found him in a drunken state.

At the sentence reactivation hearing in February, oral evidence was given that an assessment of English was carried out before he left prison which found him at a high risk of reoffending, particularly if he drank, and that he should stay off alcohol, which was judged to be the main trigger for his sexual offending.

Mr Justice Barry White said he had no option but to jail English for the full five years and noted that any undertaking given by the accused to the court was “of little, if any value”.

Counsel for English, Dominic McGinn SC, yesterday told the Court of Criminal Appeal that the obligation for English to abide by all recommendations of the probation service was placed on him for five years from Jun 28, 2004 — the date of his sentence — and not the date of his release from prison in Sept 2012. He said this was the only bond entered into by English.

Mr Justice Adrian Hardiman, presiding, said this “elegant and narrow” point, an unusual structural matter concerning the constitution of a court order, appeared to be arguable.

He said the court considered Mr McGinn had raised a substantial point, albeit “an entirely technical one”, which allowed English to surmount the hurdles by way of getting bail pending an appeal. As any release on bail would also have to be under terms and conditions, the judge said the court itself would take the bond.

The judge said the court would grant bail on the condition English abstained from alcoholic drink until his appeal is disposed of, and that he keep the peace and be of good behaviour.

Asked if he acknowledged himself so bound, English replied: “Absolutely, judge.”

Counsel for the State, Anne Rowland BL, said a number of other conditions should be imposed.

She said English should reside at Springlane, Blackpool, sign on daily at Mayfield Garda Station, and give up his passport.

The judge said bail would be granted on the condition English sign on at Mayfield station on Mondays, Wednesdays, and Fridays.

The case will be listed for mention on Feb 12.