Enniskillen Court House, RMGFH03
A 19-year-old Enniskillen man who admitted intentionally inciting a child under 13 years to engage in sexual activity when he was a minor, has been given a Probation Order, at Dungannon Court.
The young man, who cannot be named for legal reasons, admitted sending inappropriate messages to a 12- year–old girl on November 21, 2012.
A prosecutor told the court that messages were found on the defendant’s phone suggesting to the girl that she should be in a state of undress and asked if he could touch her initially with his hand.
The offence happened when he was 17.
In a previous court hearing, defence barrister Joe McCann applied for a reporting restriction banning the media from identifying the defendant.
In a letter from the accused’s GP, it was stated that the risk of being identified was putting him under “immediate risk of him attempting to harm himself or commit suicide”.
District Judge Nigel Broderick granted the order and prohibited the media from publishing his details.
The court heard that during an interview with Social Services the defendant, who is currently on a Sex Offences Prevention Order (SOPO), talked about having a girlfriend and said he believed she was older.
The court was told the offences were on the lower end of the scale as there was no touching involved.
The case came to light when the defendant was being investigated for a different sexual offence that occurred in 2010, when he was 14. He was convicted for this offence in Omagh Magistrates Court in 2013. The court heard the defendant also had a previous conviction for common assault.
Defence counsel Joe McCann, instructed by Dara Montague, solicitor, said this was a case of “grave concern” in view of the previous conviction that post- dated the current case.
The defendant was placed on a SOPO and will remain so until 2018.
The court was told that the accused had a difficult upbringing with a history of alcohol and physical violence and an incident with a family friend that could explain the root of his behaviour
“This makes his educational and other attainments all the more remarkable,” he said.
The court heard the defendant had been an outstanding student and had been accepted for a place in university in England.
A glowing reference was handed in to court and he had a good employment record.
The court was told the defendant could still be monitored in England.
Judge Paul Ramsey said he would deal with the matter by way of a Probation Order.
The case was adjourned to Omagh Crown Court on May 8.
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