A convicted sex-offender previously jailed for raping a child has appeared in court for breaching a Sexual Offences Prevention Order (SOPO) and is to be re-called to prison.
Shane Adrian Patrick Neill, from Killyliss Road, Eglish had formed a relationship with a mother of two children, who did not know of his previous conviction.
The 37-year-old is charged with engaging with multiple females on social media and commenced an intimate relationship without prior disclosure.
Both matters came to light on January 28.
A detective constable told Dungannon Magistrates’ Court the charges could be connected.
She explained Neill was contacting females on the Telegram App since December 31 and “there are no limitations to boundaries as he was engaging with a number of different females for sexual gratification”.
She added: “He is currently on licence since March 2023 for a serious sexual offence but due to this recent offending the Probation Board are having his licence revoked, as they believe he can no longer be managed in the community. He denied any knowledge of the woman’s two children during interview, however, police can evidence there were conversations about them on Telegram.”
Strongly opposing bail she said: “The defendant is subject to stringent SOPO conditions with clear directions not to enter into any relationships unless his history of offending is disclosed and verified by the Designated Risk Manager. He was not to engage with any females on social media. Police have evidence of both breaches. This indicates a blatant disregard for the SOPO and his attitude towards bail conditions if released.”
A defence solicitor said there was nothing nefarious in the use of Telegram, and it is used by many, including the media.
District Judge Francis Rafferty enquired: “You’re not suggesting the defendant is a member of the press?”
The defence confirmed this was not the case.
In terms of disclosure the detective informed the court that “when spoken to prior to arrest the standard questions put to sex offenders as part of monitoring was asked including whether he was engaging in relationships and he stated he was not. He also claimed he wasn’t engaging with anyone online. However, after that meeting ended he immediately contacted Probation Services and advised he had started a relationship which he felt needed to be disclosed. So by his own words this was a relationship.”
The defence contended given the interaction with police Neill had complied with his requirements and the court could be reassured by this.
It was also pointed out there will be significant delay while PSNI Cybercrime analyse the seized phone, which, “realistically could be up to a year”.
Judge Rafferty replied: “I think it’s fair to say that secret messaging Apps take longer than regular Apps.”
The defence said: “I don’t recognise the characterisation of a secret messaging App. It may have secure encryption, but there are millions of users worldwide. It’s not Encrochat which would be characterised as secret and wholly different.”
He added: “Much of this centres on the SOPO wording and a lack of clarity given the questions put to my client. This is ultimately about managing risk on bail. He’s been out of prison for 18 months, has his own address and a supportive family network who are willing to lodge a £1,000 cash surety. He will surrender all mobile phones and devices capable of internet connection.”
However Judge Rafferty refused stating: “This is a very serious matter. I’m not satisfied there are any conditions, especially given the SOPO which itself is a restriction on activity. I’m not satisfied the defendant could be trusted on bail.”
Neill will appear again by video-link on February 28.
