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Paedophile granted bail despite police concerns over ‘risk to public’

Mark McGurk

Despite strong police objections a convicted paedophile deemed “a risk to the public” has been granted bail, although currently remains in custody as a suitable address for release has not yet been found.

Mark McGurk (27) from Glenpark Road, Gortin is charged with two sets of offences the first of which alleges he pursued a course of harassment against three women and a man over various dates between 18 and 26 September.

It is further alleged he breached the SOPO six times on dates between October 14, 2024 and September 19 this year.

Of these there are three counts of staying overnight at an address without prior approval, two counts of having contact with a child and a single count of failing to notify his Designated Risk Manager (DRM) of change of address.

McGurk, a horse dealer previously from Cookstown was already on bail for a sickening animal cruelty attack, when he sexually assaulted a child after a cocaine and alcohol binge at a birthday party in October 2019.

Originally charged with rape, he pleaded guilty to a lesser count of sexual activity with a child on the day his trial was to begin.

In relation to the latest matters McGurk was remanded in custody last week at Dungannon Magistrates Court while efforts were made to find an alternative address however on return the detective remained opposed to bail as did Social Services who provided a report on his failure to comply with a safety plan.

The detective explained his phone has since been examined and texts were found indicating he was in the property from which he was not permitted to stay overnight, despite insisting he was not.

There are communications with his mother who warns him, “You need to be careful you are not being watched.”

In addition, McGurk insisted he informed his DRM of a change in address claiming to have sent a text

However the DRM in question has been off for some time and a different officer was appointed to his case, which he was aware of.

Challenged on whether he got a reply McGurk advised he had not and was asked to attend with police to show proof of the sent text.

He then “backtracked” and claimed the text was about a change of vehicle and not his address.

“To confirm, there was no text message sent or any approval sought from police in terms of the overnight stay,” said the detective.

It was disclosed McGurk and his partner attended a meeting with Social Services advising they had resumed their relationship.

At this point the partner was asked to sign their child into the custody of her mother.

That night texts appear to show, despite the safeguarding plan in place, McGurk stayed at the address from which he is not permitted to be overnight.

He told a relative, “I’ll be back tomorrow night. Going south early in the morning – transport for a horse.”

District Judge Francis Rafferty enquired, “While at that Social Services meeting did the defendant declare or indicate he was intending to leave the jurisdiction?”

The detective replied, “He did not.”

She further explained SD cards were seized from CCTV associated with McGurk, “ One of which has been completely scratched and the data is unrecoverable. However another appears to show a SOPO breach by him leaving an address in a van and returning in a white Audi a few hours later. No vehicles leave until early next morning.”

The detective said, “Bail is strongly opposed due to the risk both police and Social Services believe the defendant poses, not just to the injured parties but also to the public and the very vulnerable female with whom he is in a relationship. Examination of his phone has shown high level toxicity within that relationship and he has completely ostracised her from her family. They are extremely worried about him being released given his propensity for previous violence and what he could do.”

A defence solicitor played down the extent of the SOPO breaches contending at most McGurk would be handed a short term of imprisonment and he has “already served the equivalent two weeks.”

He repeated his previous submission that the situation has arisen from a family feud and McGurk’s partner is fully standing by him and was present in court with his mother and aunt.

After consideration District Judge Francis Rafferty decided bail could be granted in the sum of £500 with a £5000 surety. He also banned McGurk from all forms of contact with complainants and residence must be at an address approved by police, which is to be outside County Tyrone.

The case will return to court on November 5.

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