A convicted paedophile who went on to stab a horse to death in an act of revenge, which he filmed, has avoided prison by “the narrowest of margins” for his latest offending over the fraudulent sale of a horse.
Mark McGurk (27) from Churchdale Meadows, Gortin was due to contest the charge but changed his plea on the day of contest.
Omagh Magistrates Court heard on July 23 2023 the victim saw a horse advertised on a Facebook page under the name Altamuskin Friesians and after a number of enquires agreed to buy it for £2000 with a £450 charge to deliver it to her in Devon, England.
She was sent bank details in McGurk’s name and later in him the name of his brother Cormac McGurk.
There was a further cost of £280 to have the horse gelded before delivery.
She thereafter felt there was a period of time when she was being “fobbed of.”
When the horse did arrive it was not as advertised and she doubted that it was a thoroughbred Friesian.
It also had not been gelded.
The accompanying paperwork appeared to be a passport application as opposed to the actual document which would have been requested for the transaction.
The application stated the sex of the horse as a gelding and the breed as a Friesian.
Having made number attempts to contact McGurk the victim reported the matter to police on January 17 2024.
McGurk was arrested and during interview claimed the victim got the correct horse however statements from two vets in Devon said in their opinion it was not a thoroughbred Friesian, therefore of less value.
They also confirmed the horse had not been gelded.
McGurk denied implying the horse was gelded and was given a number of opportunities to attend for a follow-up interview to allow further vet statements to be put to him, but he failed to do so.
A defence barrister said McGurk has always attended court accompanied by his mother “which is indicative of the support he has.”
It was conceded there is a criminal record and McGurk is facing other matters involving multiple counts of breaching a Sexual Offences Prevention Order and harassment.
“He has had a number of interactions with the judicial system but he is trying to work his way through the existing matters,” said the defence.
District Judge Conor Heaney told McGurk, “It’s very clear you tried to fob the victim off and you did that over a protracted period of time. The courts will respond robustly to people who hold themselves out to engage in transactions, the fail to abide by them in the way you have. This will be treated seriously
Referring to a pre-sentence report he noted, “You are assessed as presenting a high likelihood of reoffending, display limited victim insight and accept only partial responsibility. These matters trouble me.”
The judge continued, “On balance, by the narrowest of margins I am persuaded not to send you immediately to prison on this occasion.”
Instead, he opted to impose a Combination Order made up of 12 months on Probation and 60 hours Community Service, warning McGurk, “If you breach any aspect of that you will be brought back to court and resentenced and it will be custody.”
He was also ordered to pay the victim £750 compensation.
