Brian Mulvihill, aged 36, was sentenced to 12 years in prison in 2007 for what a judge then called “an appalling,” aggravated sexual assault on a young woman. The Court of Criminal Appeal later suspended the last four years of this term.
Shortly afterwards he received a five-year term in Ennis Circuit Criminal Court for a separate sexual assault.
Mulvihill, originally from Kilkee, Co Clare, but with a current address of Tyrconnell Road, Inchicore, Dublin, was released under supervision in September 2012 on the condition that he follows all directions of the Probation Services for 10 years.
Yesterday, the prosecution applied at Dublin Circuit Criminal Court for five orders intended to reduce the risk posed by Mulvihill following several instances of inappropriate, post-release behaviour. The court heard the main risk factor is his consumption of alcohol.
Judge Ring adjourned the matter so the Court of Criminal Appeal can clarify the exact terms of Mulvihill’s post-release supervision. She also set a hearing date for her court for October 31.
Vincent Heneghan, for the DPP, asked the court to order Mulvihill not use the internet to contact minors and that he not contact other sex offenders.
He also asked for an order banning him from changing his name, consuming alcohol, and entering licensed premises.
Garda Denis Mulligan told the court he has being monitoring Mulvihill since March 2013 and that he had several concerns about his behaviour.
He said Mulvihill was taking an adult education course at the time. There were five women in his class and four of them had made complaints about him, including that he was sending them inappropriate texts.
The garda said he also falsely claimed to classmates that he was getting an operation for throat cancer to get their sympathy. One of his lecturers, Patricia Doyle, gave him her mobile number so he could update her on his treatment.
Mulvihill started calling Ms Doyle to complain about his treatment by the women in the class. Ms Doyle told him to stop sending messages to the girls, and Mulvihill replied: “I don’t care anymore, I’ll be back.”
The lecturer took this as a threat and was afraid. Garda Mulligan later hand-delivered a letter to Mulvihill from the college asking him not to return.
Garda Mulligan also learned Mulvihill had set up seven or eight Twitter accounts on which he falsely claimed to work for One Direction. Mulvihill said in his tweets that he was a friend of band member Niall Horan and asked fans to get in contact if they had any questions.
The garda told Judge Mary Ellen Ring that this was concerning as the band are very popular with young girls.
Garda Laura O’Brien said she saw Mulvihill on June 8. She said he smelled of alcohol.
Keith Spencer, defending, submitted to Judge Ring that the prosecution’s requests are disproportionate and unnecessary as the Probation Service can “create offences” if Mulvihill doesn’t comply with its directions. He said his client could then face six months in jail if the Probation Service re-enters the matter in the district court. Counsel added that his client is co-operating with the Probation Service and now abstaining from alcohol.