Rapist arrested after case appeal
A NOTORIOUS rapist was arrested again yesterday — immediately after appealing a separate conviction for failing to make annual contact with police.
Eamon Foley (58) was put in handcuffs as he emerged from representing himself at the Royal Courts of Justice in Belfast.
Foley, of Drennan Road in Castlederg, Co Tyrone, claims the re-notification requirements do not apply to him because the law was brought in after he was found guilty of attacking a 91-year-old woman.
He served half of a 16-year prison term imposed for raping the pensioner at her mobile Eamon Foley served half of a 16-year sentence for raping a 91-year-old woman in 1999 home on the outskirts of the village in 1999.
She died several weeks later. In 2008, he was released from jail under strict monitoring by police.
A separate 12-month sentence was imposed last year following the failure to make an annual re-notification of his name, date of birth and address to the authorities.
Foley is seeking to overturn that conviction by claiming he was under no legal obligation to comply with the condition.
Central to his case is a contention that the annual re-notification requirement within the Sexual Offences Act 2003 does not apply to him.
He maintained that previous legislation from 1997 includes no such condition and applies to him.
It was also claimed that any requirement breaches his human rights under European law.
During exchanges in the Court of Appeal, Foley listed a series of perceived grievances over his treatment. “They threw me in prison for no reason whatsoever and held (me) for four months,” he insisted.
At one point, Lord Justice Treacy put it to him: “You appear to be making the case that you’re being persecuted.” Foley replied: “It’s there in black and white.”
Reserving their decision on the appeal, the three judges pledged to give a verdict as soon as possible.