A convicted child rapist who allegedly tried to lure a boy out walking a dog over towards his home must remain in custody, a High Court judge has ruled.
Samuel Boyce, 75, is accused of breaching a sexual offences prevention order (SOPO) by offering the animal biscuits and asking the teenager to approach his property in Gilford, Co Down.
Defence lawyers argued that the pensioner lacked capacity to commit the alleged offence earlier this month because he suffers from dementia.
But Mr Justice Simpson overturned a magistrate’s decision to grant bail to Boyce due to the circumstances and his previous crimes.
He ruled: “I’m satisfied this is a man who cannot stop himself from approaching children in one way or another because of this unhealthy sexual interest.”
Boyce, of Locard Park in the village, received a SOPO last year after being convicted of raping a child in his home back in 2104.
The court heard that he had dragged the young victim into a room while his own disabled and unsuspecting mother was confined to another part of the house.
He also has previous convictions for historic indecent assaults on a child in the early 1980s.
Boyce was arrested again amid claims that he breached the SOPO by interacting with a boy out walking his pet on October 9.
He produced dog biscuits in a bid to lure the animal towards him after it got off the lead close to his home, it was claimed.
When the teenager objected and told the defendant he wasn’t allowed to talk to children, Boyce allegedly replied: “Come over here and speak to me.”
Police were alerted after the frightened boy informed his parents about the incident.
An investigating detective told the court families in the neighbourhood have forbidden their children from going near Boyce’s home.
“This is a close-knit community who are living in absolute fear at the minute,” she said.
It was also revealed that the accused was warned last year about a death threat against him from local paramilitaries.
Defence barrister Seamus Lannon argued that his client had been set up as part of wider attempts to force him out of the area.
“There has been a concerted effort by people in the locality who object to this man’s presence in their community,” he submitted.
Based on Boyce’s advanced dementia, Mr Lannon described allegations that he breached the SOPO as “nebulous”.
Counsel added: “He has no capacity to form any intent to commit this offence.”
However, Mr Justice Simpson held that the alleged incident was similar to past behaviour by a defendant with “an unhealthy predilection for young children”.
The judge confirmed: “There is a real risk of further offences if he is released back into the community.
“I allow the Crown’s appeal and the applicant is to remain in custody.”