Homeless sex offender jailed in Cork for failing to notify gardaí about movements
A homeless sex offender has been jailed for failing to notify gardaí about his movements.
Bantry District Court was told that Michael Wyse, 56, had been homeless in Cork City and had then moved to West Cork.
He has 24 previous convictions including 13 for serious sexual offences.
Mr Wyse, with a previous address at Bennett’s Farm, Courtmacsherry, was charged with failing to comply with the terms of the Sex Offenders Act 2001 on a date unknown between September 14 and September 26 last.
The court heard that he had entered a guilty plea in the circuit court last December relating to a similar breach of the conditions and had received a two month jail sentence.
His solicitor, Flor Murphy, said his client had “huge issues”, including illiteracy and the most serious of which was that he is homeless.
“It makes it difficult to comply with the Act,” he said, outlining how Mr Wyse had been living in Cork but then moved to West Cork before since returning to the city.
“He has literally nowhere to go, so he drifts,” Mr Murphy said. “He has a whole load of challenges.”
Mr Murphy referred to a previous court appearance by Mr Wyse at which the judge had queried if electronic tagging might be a solution.
The solicitor said that while the legislation was in place, the associated regulations had not been fully implemented.
Sgt Brian Harte, prosecuting, said the use of electronic tags was solely carried out by the Irish Prison Services and for those on temporary release for non-serious offences.
Judge James McNulty questioned why that was and Sgt Harte said: “I believe that it is not envisaged that it would be used to monitor offenders who are convicted of serious offences.”
Judge McNulty referred to Mr Wyse’s difficulties and said:
He is not going to be at the top of anyone’s list of prospective tenants anywhere.
The judge said Mr Wyse was reoffending, partly due to his own neglect and partly due to his homeless status and drifting nature.
Flor Murphy suggested that unless something was done by the Prison Service his client could be a repeat offender, but Judge McNulty said: “Let’s not overlook that the primary obligation is on him.”
He said Mr Wyse moving to a rural area and not notifying gardaí was “his error” and that it might be better if he lived in urban areas where it would be easier for him to notify gardaí and for the gardaí to monitor him, even if he is homeless.
“One solution is for him to live in Cork City, at least then they [gardaí] know he is in Cork City, and not God knows where,” Judge McNulty said.
A probation service officer said Mr Wyse could not access any homeless services in Cork, although there may be some options in Dublin.
Judge McNulty said being homeless did not relieve Mr Wyse of his obligations and that he “was not entirely cooperative”.
He sentenced him to six months imprisonment, backdated to September 27 when he was refused bail having been arrested in connection with the charge the previous day.
Judge McNulty also placed conditions on any possible bail application, including that he comply with the terms of the Sex Offenders Act as per his last conviction last December, and also set recognisance for any appeal at €100 on Mr Wyse’s own bond.
