Fintan Burke – Newbury

A judge has ordered a sex offending woman beater to remain locked up while he is re-evaluated for risk to the public.

Fintan Burke, from Newbury, horrified witnesses by committing a sex act in full view on the towpath of the Kennet and Avon Canal, alongside Toomers Wharf in the town.

The incident last July involved one woman in her 60s ending up in the water.

The 35-year-old, latterly of no fixed address, also falls to be sentenced for assaulting emergency workers and racially aggravated public order offences.

He is pictured in a custody photo taken by Thames Valley Police in 2017 before he was jailed for an offence of assault causing grievous bodily harm. For that offence, he was jailed for six years after kicking a woman in the face and breaking her eye socket.

Burke was also previously jailed for similar offences of outraging public decency and indecent exposure.

He was due to appear sentencing for his latest offending at Reading Crown Court on Thursday, January 8.

Barrister for the prosecution and defence, plus the judge and court staff were all assembled.

But it emerged that Burke, who had been remanded in custody since his arrest last July, was refusing to participate via video link.

Prosecutor Tom Blackburn urged the court to press ahead in his absence.

But Judge Rachel Drake said: “That puts me in some difficulty.”

Judge Drake said she feared that Burke’s mental health had deteriorated even further since his last assessment three months ago and added: “If I were to simply sentence him today or adjourn until next week when he could refuse to come on the [prison video] link, it’s likely he would be released immediately or very shortly thereafter [due to time spent in custody on remand].

She noted that, although a psychiatric report had concluded that Burke was mentally fit to plead and to understand the proceedings, she was concerned that may no longer be the case.

In the circumstances, said Judge Drake, she was not prepared to sentence Burke and have him released into the community without an updated psychiatric report.

Judge Drake went on: “If he is not now fit to plead, or his condition has deteriorated such that he should be in hospital, then now is the right time to make that decision rather than him being released now or in February and breaching the terms of his [mandated early release on licence] recall terms or committing another offence and having to start again and be assessed from scratch.”

She stipulated that Burke be assessed by the same psychiatric professional who had produced the earlier report since he would be best placed to notice any deterioration in Burke’s condition.

Judge Drake adjourned sentencing until Thursday, February 5.

Burke was meanwhile remanded back into custody.