A notorious crime gang leader and convicted rapist has had a criminal prosecution against him for failing to provide gardai with a sample of his DNA for the DNA database system dismissed by a judge as the request for one was not expedited fast enough.
Christy Griffin, 52, who was jailed for life for the repeated rape of a girl over an eight year period in 2007 but had that reduced to 15 years on appeal, had contested the allegation at Swords District Court yesterday.
The offence is under Section 31 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. If convicted in the district court, a person faces up to 12 months in prison.
Griffin, whose address cannot be reported due to reporting restrictions, was requested by a prison officer to provide a sample of his DNA on April 10, 2018 while he was serving time in Midlands Prison.
However, the prison officer gave evidence at Swords District Court that Griffin refused.
The prison officer notifed Operations Headquarters and no further instructions were received to again request his DNA.
In April 2018, Griffin was released from prison and monitored by a garda as he is on the Sex Offenders Register.
In October 2018 Detective Garda Colin McKiernan was then assigned to monitor him and became aware Griffin refused to provide the DNA sample in prison.
“Providing a DNA sample is subject to part of the Sex Offenders Act,” said Det Gda McKiernan.
The court heard there was a delay in issuing the notice because Griffin had three addresses and it was difficult to locate him.
Det Gda McKiernan said he arranged to meet Griffin in January 2019 to establish the address he was residing at and to inform him he hadn’t provided a DNA sample.
Once Det Gda McKiernan became aware of the address he was residing at he was able to provide notice to attend a garda station to provide his DNA.
It was March 13, 2020 when notice was then served on Griffin that he was to attend a local garda station for the purpose of providing a DNA sample. Griffin failed to attend.
Because the pandemic had commenced, a further opportunity was afforded to Griffin to attend a second appointment on August 21, 2020. However, he failed to attend on that date.
Defence counsel claimed the initial application for Griffin’s DNA was made over 12 month after his release from prison and “not soon as pratical or while in custody.”
“The prison service should have taken a sample as soon as was practicable and before the expiry of his sentence,” defence counsel said.
In his ruling to dismiss the case, Judge Dermot Dempsey said “In these type of situations delays of a practical nature should be dealt with fairly quickly and adequately for someone on the Sex Offenders List and DNA taken.
“I am quite satisfied he was asked for a sample in custody and an attempt was made but the delay factor is too long," the judge said.
