A Galway man convicted twice for rape has been released from prison 15 months ahead of the expiry of his 10-year-sentence for the rape of a teenage schoolgirl in 1993.
Mr Justice Aindrias Ó Caoimh imposed strict conditions on his release after considering Cullinane's latest application at the Central Criminal Court last Friday.
"I am quite satisfied that there is benefit to be obtained by a structural programme of his release into the community involving all the elements set out by the Probation and Welfare Services, the Irish Prison Services and psychological analyses," Mr Justice Ó Caoimh said.
Cullinane (38), of Barry Avenue, Galway, was jailed on April 14, 1997, by now retired Mr Justice Feargus Flood for the vicious rape of a teenage schoolgirl on August 24th, 1993. He was also jailed for six years in 1982 for raping another woman.
Mr Justice Ó Caoimh said Cullinane continues to pose a risk to the community but the risk would be no more reduced in the 15 months that he is due for release. If the court were to release him early under strict conditions his integration into the community could be more strictly controlled.
He added that if Cullinane were to be released at the end of his sentence the opportunity for imposing strict control over his behaviour would be far less than if he were released now under a strict supervisory regime. The conditions for his release include staying at a residence secured for him by his family; working for his brother-in-law under his direct daily supervision; never making contact with the victim or her family; providing urine samples whenever required by the Probation and Welfare Services; signing the sexual offenders register, and attending AA meetings in central Galway regularly.
Further more, he is to refrain from going into bars, restaurants, cafes or other such venues when in Galway city and to keep in close contact with the Probation and Welfare Services in Galway.
Probation and Welfare officer, Mr Oliver Fallon, told the court that he will be personally handing over Cullinane to the Galway Probation and Welfare Services where two officers have been assigned to supervise him.
Mr Fallon informed Mr Justice Ó Caoimh that he has been in close contact with Cullinane's brother-in-law and sister and was satisfied that they were undertaking the onerous responsibility of supervising Cullinane for "good reasons" and that they will carry out the responsibility fully.
"I can't think of any other measures that can be imposed for Cullinane's release", Mr Fallon said after listing the conditions under which Mr Justice Ó Caoimh agreed to release him.
Mr Ó Caoimh said he had disappointed Cullinane on various other occasions, having refused his application in December 2001, because his primary concern had always been the victim. He said the latest victim impact reports indicated that she is making good progress but noted that the effects of the ordeal would undoubtedly remain with her for the rest of her life.
In December 2001, Mr Justice Ó Caoimh adjourned review of the sentence for two years so that Cullinane could be provided with all the necessary psychological treatment before he was released.