Man charged with abduction and rape of a child from Derry residential home denied bail
A 29-year-old man charged with the abduction and rape of a child from a local residential care home has been refused bail at Derry Magistrates Court.
Christopher Harley, c/o H. M. Maghaberry, appeared in court via video link for a bail application.
He is charged with rape on October 14, 2016 and engaging in sexual activity, on October 10, with a 13-year-old child. The charges are connected to the abduction of a child from care on October 15.
He also faces a separate charge of common assault from December 23 last year, which was committed three days after he was released on bail.
A police officer appeared in court to object to bail due to concerns ‘regarding the defendant’s association with vulnerable children in residential care homes in Derry’.
He raised further objections about the risk of further offending and interference with witnesses.
The officer said these girls are known to ‘frequent his flat’ and the injured party in the rape case was 13-years-old when the alleged offence took place.
It was during police interview that the child indicated there 'was consensual sexual activity' on three occasions and made an allegation that she had been raped on the fourth occasion.
The police officer said the alleged offences occurred after a child abduction warning had been served to Harley.
A Public Prosecutor added that the defendant has ‘very relevant convictions’ for offences of abducting a child from care in relation to a different girl from April to July 2015.
No complaints were said to have been made in that case, but it was brought to the attention of police by a social worker.
Addressing the rape charge first, defence solicitor Paddy MacDermott said the victim in the case stated she was in a ‘consensual relationship’ with the defendant.
However, his client denies having ‘any sexual activity at all’, he added.
Mr MacDermott said the conviction for child abduction from 2015 related to a 16-year-old child in care.
He added, they were in a relationship at the time and it would have been legal had she not been in care.
The defence solicitor told the court that Harley has been in custody for over six months and a preliminary enquiry may not take place until the summer.
He suggested his client could be bailed to an address in the city where three other adults reside, with strict conditions attached.
Deputy District Judge Brian Archer was ‘not satisfied’ that Harley was a ‘person who should be granted bail’.
Refusing bail, the judge said he has concerns about further offending.
Harley will appear at Derry Magistrates Court again on May 9.