BY ROSETTA DONNELLY

A CASTLEDERG man convicted of brutally raping a 91-year-old woman who later died, is due to walk free from prison next month. Eamon Foley, who has served eight years of his 16-year sentence, appeared before Limavady Magistrates Court yesterday (Wednesday) to hear the police restrictions he will face when he is released from prison.

Within ten minutes of entering the dock, a bearded Foley, who was dressed in a navy jacket and blue jeans, sacked his solicitor Des Doherty and proceeded to represent himself.

Foley told the court he rejected the police report which claims he has been uncooperative and has not availed of any sex offenders treatment courses which were offered to him. He claimed that because he is appealing the charge, he cannot take any courses.

The court was informed that it was the opinion of the assessment panel that he is a High Risk offender and continues to present a danger to any female child or adult. It stated that his offending is "impulsive and opportunistic". The report also said that, not only did Foley reject any assistance when in prison, but he has been threatening towards staff attempting to assess him.

The fact that Foley used a car to go to the home of his frail and elderly victim, Mary-Anne McLaughlin, who lived in a remote area, even led the risk assessment panel to state that he should not use a motor vehicle except as a passenger on public transport.

The police were seeking an interim order which would (1) not allow Foley to live at a location unless it is given prior approval by the Masram (risk assessment) panel; (2) that Foley not seek or have any access to children or vulnerable adults; and (3) as the qualifying offence required the use of a motor vehicle, Foley is not to have the use of any motor vehicle except as a passenger on public transport.

Police wanted the interim order to be reviewed again in December at which time Foley or police could present any new information which might change the restrictions. However, an angry Foley said he wanted the full hearing to be heard next week and he demanded that police provide witnesses to "back up their lies" at that time.

He claimed that police had paid a woman a large sum of money to blacken his name and he wanted the woman and her sister in court so they could be cross-examined by him.

PSNI Inspector Philip Marshall of Strabane, who deals with sex offenders, gave evidence at yesterday's hearing in Limavady that Foley is due to be released.

Insp. Marshall said he would not reveal the release date because of the media present but he would pass it directly to the RM. He said he had visited Magilligan last Thursday (September 20) and spoken to the officials there in preparation for the Masram panel ruling.

Cross-examining Insp. Marshall, Foley said that a Masram panel does not have power over him because it was not set up until 2004.

"I have never had any dealings with Masram so how would it be equipped to assess my future?"

After further questions, RM Eamon King ruled that the interim order be implemented immediately upon Foley's release and the full hearing be heard on December 19.

Members of Foley's family were in the public gallery throughout the proceedings.