Rapist loses legal bid over failure to inform police of whereabouts
A NOTORIOUS rapist has lost his legal battle to overturn a conviction for failing to inform police of his living arrangements.
Eamon Foley (59) claimed the annual notification requirements does not apply to him because the law was brought in after he was convicted of attacking a 91-year-old woman.
But judges in the Court of Appeal ruled yesterday that the obligations complied with the European Convention on Human Rights.
Lord Justice Treacy said: “The provisions reflect the need for an effective scheme for preventative and deterrent purposes rather than punitive penalty.”
Foley, of Dreenan Road in Castlederg, Co Tyrone, served half of a 16-year prison term imposed for raping the pensioner at her mobile 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 further 12-month sentence was imposed in 2017 following the failure to make an annual re-notification of his name, date of birth and address to the authorities.
He sought to appeal that conviction by claiming he was under no legal obligation to comply with the condition.
Central to his case was a contention that the annual re-notification requirement within the Sexual Offences Act 2003 does not impose a duty on him.
Foley maintained that previous legislation from 1997 includes no such condition and applies to him.
He also contended that any requirement breaches his human rights under European law.
Representing himself at the Court of Appeal, he listed a series of grievances over his treatment.
Foley claimed that he had been thrown in prison for no reason and persecuted, telling the judges: “It’s there in black and white.”
But after finding the enhanced notification requirements do not constitute a penalty under the Convention, Lord Justice Treacy refused leave to appeal.