A 24-year-old man who falsely claimed he was a victim of rape will discover in the New Year if he is to be jailed.
In one of the first cases of its kind in Northern Ireland, Newry man Gary Kearns admitted perverting the course of public justice by making what Judge Paul Ramsey described as "repellent allegations" against a "completely and totally innocent" victim.
He said while the custody threshold had been passed by Kearns, from Barcroft Park, the issue for him was whether there were exceptional circumstances which would allow the court to suspend any sentence.
Prosecution lawyer Stephen McCourt told Newry Crown Court that in October 2014, Kearns went to police claiming he was the victim of rape the previous month and named his alleged attacker.
Over the following months he not only broadcast the news locally but maintained when asked by police that "the allegation was true and he wanted to proceed with the complaint".
Mr McCourt said when the alleged attacker was interviewed by police he refuted Kearns' claims and directed officers to a number of possible witnesses.
When police went to update Kearns, he then told them he did not want to proceed.
He later admitted he had "lied about the allegation of rape".
Mr McCourt said "thankfully" matters had not reached the stage of court proceedings for Kearns' victim, described by his mother and family as "vulnerable and naive".
He added, however, that he continues to suffer from extreme depression and anxiety and "the issues continue to blight the victim as he tries to go about his everyday life".
Defence barrister Seamus Lannon said psychiatric and other reports indicated that a remorseful Kearns "persuaded himself that certain things happened when they did not... an element of make-believe in his own mind".
The lawyer said he was instructed not to contest "anything that has been said" and pointed out it had been Kearns who had gone to police to confess his guilt.
Mr Lannon claimed that he "freaked out and wanted matters sorted" when he learned the injured party was to be taken to court and had no comprehension of the consequences of making his allegations.
He argued that although the custody threshold had been passed, the court should allow him full credit for his guilty plea and take into account Kearns' own vulnerability, low IQ, retardation and ongoing depression and that he may believe things happen when they are not true.
