A CASE involving the alleged breach of a Sexual Offences Prevention Order (SOPO) by refusing to leave the South West Acute Hospital is to transfer to crown court for trial.
Fifty-two-year-old Brian Joseph McDonagh (also known as Bernard John) from Sydney Lane, Aughnacloy is accused of breaching the SOPO by failing to leave a hospital following medical treatment which was a condition imposed due to previous sexualised behaviour.
A detective constable previously explained McDonagh has been a registered sex offender for some time and is prohibited from loitering or being within 50 metres of hospitals or premises providing medical care without prior appointment and he must leave immediately afterwards.
Shortly after 10pm on July 14, police were contacted by staff at the South West Acute Hospital in Enniskillen after McDonagh refused to leave following discharge.
A nurse stated he was advised in very clear terms he had to leave but he was later found sleeping in the waiting area. During interview McDonagh claimed he “forgot” about the SOPO.
It was further disclosed this incident placed him in breach of bail for a similar matter for which he is currently before Dungannon Crown Court.
“He accepts he didn’t leave the hospital when he was supposed to,” said the defence. “He lives in Aughnacloy at that time of night he had no way of getting home, so he fell asleep in the waiting area.
“He was not bothering anyone or irritating staff, and he apologises for that. It is submitted he could be managed on bail in the community.”
The application was thrown out, but McDonagh was later released by the High Court.
At the most recent sitting of Enniskillen Magistrates Court, a prosecuting lawyer advised the matter is proceeding on indictment to trial.
District Judge Alana McSorley remanded McDonagh on continuing bail to attend for a committal hearing on December 1 when he is expected to be returned to crown court.