Bail controversy
A case with echoes of Manuela
SERIOUS questions need to be asked as to why a man with a violent past who is suspected of raping a young woman could be allowed to walk out of a garda station.
There are those who will say that a person is innocent until proven guilty, and in the general sense they do have a point.
But what makes this case different is that in recent months the man who is accused of these violent acts, that have left a young woman distraught, was in court on a different matter.
The charge was a relatively minor one in comparison, but on that day the suspect was granted bail by a judge on strict conditions.
These conditions included that he sign on daily at a named garda station, reside at his current address, notify gardaí of any change of address and be of sober habits and of good behaviour.
He was then warned by the judge that he risked being held in prison on remand if he broke the terms.
The suspect in the rape case stayed out overnight from his address, and his behaviour certainly would not fall into the conditions outlined by the court.
Yes, gardaí do have to accumulate evidence in the alleged rape case, a process that will take time, and it is probable he would have had to be released while this case was being put together.
But was it considered if his movements and alleged actions on Saturday and into Sunday meant he could be imprisoned for breaching his bail conditions for the criminal damage case?
It has since been learned that investigating gardaí consulted the Director of Public Prosecutions before releasing the suspect.
Facts
What now needs to be asked is what facts and matters did the DPP consider before the suspect was released, pending a file to the agency?
Did the bail conditions from the previous case also form part of the decisionmaking process?
The Irish Independent asked the office of the DPP questions around how this man was released.
The response was that the office does not comment on individual cases.
The case has similarities to that of Gerald Barry, who was out on bail when he murdered young Swiss student Manuela Riedo (17), who was out walking in Galway in 2007.
He was then 29-years-old, had been charged with assaulting his former girlfriend and was waiting to go on trial. Gardaí also suspected him of raping a young French student.
Detectives had arrested Barry and their investigation was still ongoing.
When he appeared in Galway District Court in August 2007, gardaí objected to bail but a judge granted it.
Seven weeks later, he attacked Manuela Riedo.
Barry is now serving three life sentences for her rape and murder.
He was later convicted of raping the French student.
Gardaí are continuing to interview the victim of the alleged rape and false imprisonment at the weekend, as well as sourcing CCTV and witness evidence.
Their investigation into the matter will continue.
The option of re-arresting the suspect remains open to them but how far down the line that could happen is not known.