Gardaí to request records of convicted rapist Ian Horgan's application to join Tinder
The convicted sex offender Ian Horgan (pictured here at Macroom Court today), jailed for the rape and killing of beautician Rachel Kiely in 2002, had recently joined the dating app Tinder through a mobile phone and that 'Cian' may have appeared due to predictive text. Photo: Michael Mac Sweeney/Cork Courts
Convicted killer Ian Horgan has authorised Gardaí to access records of his application to join the dating app Tinder, after claiming in court that the use of the name ‘Cian’ in his profile was a typing error.
The convicted sex offender, jailed for the rape and killing of beautician Rachel Kiely in 2002, signed the authorisation at Macroom District Court, and it will now be forwarded to the CEO of Tinder.
It came after Mr Horgan, 37, outlined through his solicitor that his defence to the charge that he joined the dating app under an alias that had not been notified to Gardaí was that essentially the use of the name 'Cian' had been a simple error.
Gardaí allege that between May 24 and 31 last he failed to notify them of a name that he was using that had not been previously notified to use the app, which is an offence under Section 10, sub-section 2, of the Sex Offenders Act 2001.
Mr Horgan’s solicitor, Sean Cahill, told Judge James McNulty that his client had joined the app through a mobile phone and that 'Cian' may have appeared due to predictive text. He said legal aid, previously granted, would not cover the IT expert that would be required to help him maintain that defence in court.
Mr Cahill said Mr Horgan had provided three pieces of information as part of his joining of Tinder: his email address, his phone number and bank details through his bank card to pay the €15 fee. He said it was not his client’s intention to use a different name.
Inspector Dave Callaghan said the State was not in a position to contest that element, but would rather focus on the fact that the only part of the profile seen by the public included a photograph, verified with a blue tick, and one name - in this case, Cian.
“The profile name is the one that appears for the public to see,” Insp. Callaghan said.
Judge McNulty asked if Mr Horgan, who has an address at 53 Byrne Avenue, Prospect in Co. Limerick and who previously had an address in Macroom, was going to authorise Tinder to provide details of his application.
Insp. Callaghan said this process could be shortened if the phone used to create the profile was made available, but the court heard it was not.
Insp. Callaghan said there may be a delay in receiving those records from Tinder, even though they have an office in Dublin, as the data could be stored in the United States. “They are very slow at responding to correspondence from law enforcement,” he said.
Judge McNulty said if the site wanted to maintain its status as a credible and lawful body they would need to assist criminal investigations and a criminal defence.
He said Mr Horgan would be asserting that the name Cian was entered in error, either as an administrative error, a computer error or somebody else’s error. He said the consent of Mr Horgan left the way clear for the records to be provided.
The authorisation was drafted and signed by Mr Horgan, addressed to the CEO of Tinder, authorising all information regarding his application to Tinder to be provided to the Superintendent in Macroom.
Horgan left the court on continuing bail, which is subject to conditions, and the matter will be mentioned at Macroom District Court on October 20 next. Gardaí requested the Tinder profile, which is not active, not be deleted or interfered with.
Horgan, 37, was convicted in 2002 of the rape and manslaughter of beautician Rachel Kiely in Ballincollig in 2000. The 22-year-old had been walking her dog in a park when she was attacked. Horgan was 16 at the time and was 18 when he was sentenced.
Horgan had first been charged in Bandon District Court on June 4 last of an alleged breach of the Sex Offenders Act. At that time Judge McNulty had been told that Horgan was alleged to have used the app under the name ‘Cian’.
In June, Det. Sgt Derek Mulcahy of Bantry Garda station told Judge McNulty that at 7.39pm on June 3 he had arrested Mr Horgan and later charged him. The accused made no reply to the charge. Det. Sgt Mulcahy said Mr Horgan was subject to the Sex Offenders Act for an indefinite period.
“Mr Horgan is alleged to have gone on the dating app Tinder under the alias of Cian, which he had not disclosed to Gardaí,” Det Sgt Mulcahy had said.
“He failed to notify Gardaí of his use of this name.” In July, Horgan pleaded not guilty to a charge of breaching the Sex Offenders Act.
At that time the court heard that Horgan, previously of 4, The Hermitage in Macroom, had moved to Limerick. His release on bail was subject to certain conditions.
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