NEIL KIRBY'S BUNGLE IN BUCKFASTLEIGH: SEX OFFENDER'S MISSTEP IN PORTUGAL TRIP AT EXETER CROWN COURT

In a case that highlights the ongoing responsibilities of registered sex offenders, Neil Kirby, a 63-year-old hydraulics engineer from Barn Park, Buckfastleigh, found himself in legal trouble after failing to adhere to the strict conditions of his sex offenders’ registration. The incident occurred following a brief holiday to Portugal in January, which he took with his new wife just two months after their marriage, without notifying authorities as required by law.

Kirby’s failure to inform the police about his travel plans was a breach of the conditions set when he was placed on the sex offenders’ register in February 2014. His registration stemmed from a conviction at Plymouth Crown Court for downloading indecent images of children, which led to a community order and placement on the register. Despite these obligations, Kirby neglected to report his upcoming trip to Portugal, a country he chose for his holiday destination, and also failed to notify the authorities about applying for a passport.

Furthermore, Kirby was found to have violated a sexual harm prevention order by deleting his browsing history on a day in June of the previous year. This act was interpreted as an attempt to conceal potentially incriminating activity, although police investigations revealed no illegal material on his computer. The deletion of the browsing history was reportedly accidental, occurring during the installation of new software, according to his defense.

At Exeter Crown Court, Judge Timothy Rose addressed Kirby’s case, emphasizing that there was no malicious intent behind his actions. The judge stated, “There was nothing wrong with your motivation for going abroad. You were not visiting a part of the world where odd offences may occur, it was a mainstream place. In my view, you were not deliberately trying to cause problems, you were simply being careless and not complying with your responsibilities.”

Prosecutor Gordon Richings outlined the charges, noting that Kirby was legally required to inform the police about his travel plans, including applying for a passport and before any international trips. His failure to do so constituted a breach of the conditions attached to his registration and the sexual harm prevention order.

In mitigation, defense lawyer Paul Dentith highlighted that Kirby had not been on holiday for three decades and had been working long hours, often 16-hour days, prior to his wife’s booking of the trip. He explained that Kirby was so excited about the holiday that he simply forgot to notify the authorities. Dentith also clarified that the deletion of browsing history was unintentional and occurred during routine software updates, with no illegal content found on his device.

Ultimately, the court sentenced Kirby to 120 hours of unpaid community service and ordered him to pay £535 in costs, reflecting a lenient approach given the circumstances. The case underscores the importance of compliance with legal obligations for sex offenders, especially when traveling abroad, and serves as a reminder of the responsibilities that come with being on the register.