A convicted rapist who violated his release conditions has been given a chance by a judge who said she would not re-activate a suspended sentence as long as he complies with the Probation Services.
Trevor Byrne (36), formerly of O'Devaney Gardens, was released last March from an eight-year sentence for the attempted robbery of a woman at her Dublin home on September 15th 2009.
The final two years of the sentence were suspended on condition that he enter a bond and follow strict terms, including keeping an 8pm to 8am curfew and avoiding alcohol.
He was sent back to jail last April after he was caught with six cans of cider and said he needed alcohol to stay away from drugs. He later telephoned the Central Mental Hospital and told a nurse that he felt like he was out of control and that he "might hack somebody up".
Byrne was released from prison on October 6th and admitted on Friday at Dublin Circuit Criminal Court he breached the terms of his bond on November 6 when he drank a bottle of beer. He further admits to breaching the bond terms on November 18 when he broke his curfew. He said he was watching a football match in a pub with two friends and did not drink on this night. He fell asleep and did not realise the time. He denied he brought 12 cans of Dutch Gold lager into his accommodation on October 31st.
Prosecuting counsel James Dwyer BL said it was the DPP’s application to re-activate the suspended part of Byrne’s sentence.
Probation Officer John Kenny told John D Fitzgerald, BL, defending, that Byrne is “making good attempts” to engage with the Probation Service but that Byrne has deep-seated behavioural issues.
He agreed with Mr Fitzgerald that Byrne is willing to work and engage with the Probation Service and that Byrne has been under a lot of pressure due to extensive media coverage.
“Media coverage would have been a factor to the pressure he was under, with other issues alongside that,” said Mr Kenny.
Byrne has nine previous convictions including a 15-year sentence for orally and vaginally raping an 18-year-old woman. In that incident, he struck the woman on the head with a brick and told her he had to kill her as she would identify him.
He was also sentenced to five years in October 2006 after assaulting a 32-year-old woman whose throat he threatened to cut. When two men came to her rescue, he said he would do the same to them.
It was on his release from this sentence that he carried out the attempted robbery offence, just 14 hours after being let out of jail. Judge Patricia Ryan asked Mr Kenny if Byrne would continue to engage with the Probation Service if he was given an opportunity.
Mr Kenny said: “I think he will engage but part of the risk related to him is because of behavioural issues. The willingness is there but whether he has the capacity to do it is a challenge,” said Mr Kenny.
Judge Ryan agreed with defence counsel that Byrne would make more progress with the Probation Services than in custody and said she is “willing to give him a chance” and not re-activate any part of the suspended sentence.