Difficulty sentencing rapist who is 'drunk or undressed' in court

An Eritrean national who was described as "someone who is quiet dangerous" is making it impossible for a judge to sentence him on rape charges in the Central Criminal Court because he is either violent, drunk or in a state of undress.

Bereket Mekonnen (aged 18), of no fixed abode who was granted refugee status in August 2005 told Ms Justice Maureen Clark that he was "sick of his case" and wanted "it finished.".

Ms Justice Clark replied that "the reason why there is a delay in sentencing you is because every time we try to sentence you something happens."

"The last time you were in court you were violent because you said you had alcohol taken. Another time you refused to put on any clothes."

Mekonnen was found guilty last February of raping a 42-year-old woman at St Stephen's Green in August, 2005. He was then registered as a sex offender.

In his last appearance on November 26 2007, before Ms Justice Clark sat in court, Mekonnen had to be carried kicking and screaming by prison officers across the Round Hall of the Four Courts because he was deemed too dangerous to be left in court.

Mekonnen had become so aggressive that it eventually it took six prison officers to restrain him.

Shortly after his handcuffs had been removed, he began shouting that the handcuffs had left scars on his wrists. Two prison officers sitting on either side tried to reason with him but within seconds events escalated and he started lashing out screaming and kicking.

Four other prison officers heard the commotion and immediately entered Court 3 where, on that occasion, Mekonnen was forcefully restrained and carried across the Round Hall and back to his waiting cell.

Ms Justice Clark said on November 26, on arriving in court after he had been removed, that she appreciated Mekonnen had "presented difficulties for the prison officers and was too dangerous to bring to court".

Ms Justice Clark is examining his refugee status at the consent of Mekonnen's legal team, Mr Blaise O'Carroll SC (with Ms Caroline Biggs BL).

She said she wanted to finalise sentence before the end of term and adjourned the matter for mention later. She reassured Mekonnen that she would finalise sentence at the next court date.

Ms Justice Clark questioned whether the court would make it compulsory for Mr Mekonnen to received education in Arbour Hill prison to gain "some insight into his behaviour. "

She previously noted that it was "a most unusual case" and said she needed to know as much as possible about the background to why Mekonnen fled Eritrea and the reasons he gave for fleeing.

The jury reached its 10-1majority guilty verdict last February following some six hours deliberation and after spending one night in a hotel. A large portion of the case was taken up with legal argument in the absence of the jury.

Mekonnen met the victim in a late-night disco-bar where she was in an intoxicated state. She drank some of his wine there before leaving for home and he raped her while she was on her way.