Suspect would be off the streets if bail had been tougher

THERE is now considerable public disquiet that the suspect in the rape of an 18-year-old Spanish student last weekend is free to walk the streets.

The case has shocked many, with anger at the fact that the suspect, a man in his 20s with a violent past, was well known to gardaí and out on bail.

While anger exists, it is clear from an examination of the man’s history that in the current circumstances there is no lawful reason to commit him to custody.

It is arguable, however, that he would be in custody right now had a judge imposed more stringent bail conditions after the man had recently been charged with another offence.

It is also arguable that he might not have been on the streets at all last weekend had prosecutors taken a harder line in prosecuting a previous case in which he was involved.

The man was arrested on Monday and denied raping the young woman.

Gardaí were convinced they had enough evidence to charge him.

However, the official in the Office of the Director of Public Prosecutions who was consulted said there was insufficient evidence.

It is thought the fact that corroborative forensic test results are not yet available was a factor in that decision.

It is not an unusual occurrence for the DPP and gardaí to disagree on such issues. Indeed, it is healthy for our criminal-justice system that tension sometimes exists between the police force and the prosecution authority. In this instance, we do not know which side is right.

Faced with the prospect of having to release the man, inquiries were made as to whether he had breached his bail conditions.

He had been granted bail recently in relation to a pending charge of criminal damage.

The conditions meant that he was not allowed near a certain part of Dublin city, had to sign on daily at a

The man received a number of ‘ lucky breaks’, which meant that he didn’t serve any jail time at all for possession of an imitation firearm

garda station and reside at a certain address. Gardaí were unable to find evidence that he had breached any of the bail conditions.

Had more stringent bail conditions been applied – for example, a curfew – gardaí may have been able to keep him in custody.

Much has been made of the fact the man is facing a string of charges for various offences. While this is true, none would necessarily be for offences where a suspect would be kept in custody.

They can be described generally as criminal damage, possession of a small quantity of drugs, trespassing and public order offences.

The man does have a conviction for a firearmsrelated offence, for which he could have received considerable jail time.

Had that occurred, it is likely he would not have been on the streets at all last weekend. Instead, he received a number of “lucky breaks” which meant he did not serve any jail time at all.

Firstly, prosecutors opted to bring the charge in the District Court, where penalties are much more lenient. Had they opted for the Circuit Court, a penalty of up to five years would have applied.

Secondly, the District Court judge who handled the case had the option to jail him for up to a year, but instead opted to hand down a suspended sentence. The man was told by the judge he was lucky the case had not gone to the Circuit Court.