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Paedophile found guilty of ‘mute of malice’ under centuries-old law

Jason McDonagh refused to speak to officer sent to check on him after his release from prison for molesting two girls

Matt Mathers
Thursday 16 February 2023 16:01 GMT
(Thames Valley Police)

A paedophile was found guilty of faking an inability to speak while appearing in court.

Convicted sex offender Jason McDonagh, 36, appeared before Oxford Crown Court on Tuesday after beaching the terms of his release from prison.

The jury found McDonagh, of no fixed address, guilty of “mute of malice” rather than by “visitation of God” under a centuries-old law.

McDonagh made few audible responses during the two-hearing.

He had also refused to speak to officers who were sent to check on him after he was released from jail last year having served a 10-year sentence for molesting two sister, aged eight and five.

McDonagh was supposed to notify police about where he was living.

Sarah Magro, a police officer visited McDonagh between July and August last year.

He had come to police attention in the spring when he was sleeping rough in an alleyway between Bury Knowle Park and the Waitrose supermarket in Headington, Oxford.

Ms Magro said McDonagh, who it was said spoke with an Irish accent, would not give his name and told officers they could refer to him as “a******e”.

He generally spoke in monosyllables, the court heard.

McDonagh was subsequently taken to the Phoenix psychiatric ward at Littlemore hospital, where staff were able to confirm his identity.

Officers later checked the police national computer system and confirmed McDonagh was a registered sex offender wanted by the Metropolitan Police for allegedly breaching the terms of his release, the Oxford Mail reported.

Jailing him for two-and-a-half years at Oxford Crown Court on Wednesday, judge Nigel Daly told McDonagh: “You disappeared off the radar, sleeping rough and making it extremely difficult for the authorities to track you.

McDonagh, of no fixed address, was jailed for two years (Thames Valley Police)

"And, when they caught up with you, you made every effort to avoid identification.”

McDonagh made no audible response when judge Daly asked whether he wished to question the witnesses.

Instead, he generally shook his head and pursed his lips.

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