A convicted rapist who raped and threatened to kill two Australian women in 2002 has had additional conditions applied to his post-release supervision.
Barry McGee (38) held the two women at knife-point in their apartment during a four-hour deal in which he raped and sexually abused them. During the ordeal he told the victims that he was sorry, “but I have to kill you”.
McGee, from Foxfield Grove, Raheny, Dublin, pleaded guilty at the Central Criminal Court to three counts each of rape and oral rape, one count of attempted rape, two counts of aggravated sexual assault, two counts of threatening to kill, and two counts of false imprisonment of the victims at an address in Dublin on May 5th, 2002.
Following a sentencing hearing in February 2003, Mr Justice Paul Carney sentenced McGee to 17 years' imprisonment with the final two years suspended unconditionally.
Justice Carney, who died in September 2015, also imposed an order that McGee would be subject to supervision by the Probation Service for 10 years post release.
The court heard that McGee was released from Arbour Hill Prison in 2013.
Probation officer
Probation Officer Anna Gallagher told Brendan Grehan SC, for the DPP, that she took over McGee's case in May 2017. She said she was applying for three additional conditions to be applied to McGee's supervision.
Ms Gallagher said the additional conditions were that McGee would take part in the risk assessment process, inform the Probation Service of any trip abroad two weeks prior to leaving or when the trip was booked, and to follow all lawful directions of the Probation Service.
Ms Gallagher agreed with Kathleen Leader SC, for the accused, that her client had been subject to supervision for seven and a half years and that he had attended all appointments on time.
Stable employment
She agreed with counsel that her client is living in stable accommodation with his long-term partner and that he has been in stable employment for years. She agreed McGee had twice previously been subject to risk assessment.
Ms Gallagher agreed that McGee had informed the Probation Service prior to departing on a trip to Poland in 2013, following his release from custody. She agreed that he had travelled to visit someone who had been his cellmate for a number of years while he was in custody.
Ms Leader submitted it would be “disproportionate and not in the interest of justice” to impose additional conditions in circumstances where her client agrees to undergo further risk assessment and has twice undergone risk assessment in the past.
She submitted that the evidence is that her client has been compliant with the conditions of his supervision. She said there is no suggestion her client has committed a sexual offence since being released from custody.
Ms Leader said her client is already subject to a requirement under the Sex Offenders Act 2001 that he must notify gardaí if he intends to leave the State for seven days or more.
Summary conviction
Mr Grehan submitted that “there are no teeth at all” to supervision, if conditions are not attached. He submitted that without conditions it is “impossible” to bring about a situation where the accused would be compliant with the lawful directions of the Probation Officer.
He submitted that McGee has only been compliant and amenable to matters which he was inclined to be. He submitted that none of the suggested conditions are in “the slightest bit onerous” on McGee.
Mr Grehan said in his submission the court ought to grant the application that had been made.
Justice Paul McDermott said the application is made in the context of “the extremely serious offences” which gave rise to the originally imposed sentence. He said he is told the period of supervision expires in October 2023.
Justice McDermott said it seems to him that the three conditions are “necessary” for the supervision and he does not believe them to be “too onerous”. He said he will impose the three additional conditions.
He explained to McGee that a failure to comply with this order will result in a summary conviction and a term of imprisonment not exceeding 12 months or a fine.
