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BEAST CAGED FOR 'LIFE'

Court reporter • Published 1 Jul 2009 09:27 Mobiles Print

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AN ANGRY mum has slammed the sentence handed out to a sex beast who abducted and abused her four-year-old daughter and tried to smother her.

At the High Court in Glasgow yesterday (Tuesday) James Finnerty, 28, was placed on a lifelong restriction order and told he must serve at least seven years before being eligible for parole.

But as Finnerty, from Clydebank, was led away to begin his sentence the mum, who cannot be named for legal reasons, shouted: 'Is that all he gets for what he put my wee lassie through?' The woman broke down in tears and was helped from the court by her mother.

Finnerty lured his young victim, who cannot be named for legal reasons, into his flat and then took her into his bedroom.

He then indecently assaulted the young girl while placing a pillow over her face which restricted her breathing.

The sick attack took place while her frantic mum and gran were searching for her.

When the terrified girl finally got out of the flat her clothes were in disarray and she was extremely upset.

Later at an identification parade she pointed to Finnerty and said: 'That"s the bad man. Is he in jail yet?'

Sentencing Finnerty judge Lord Malcolm told him: 'You will be in custody until the parole board decides you can be released. It is the same as life imprisonment. Whether you will ever be released is a matter for the parole board.

'This incident had a very damaging effect on the girl and outraged her family and all right-thinking people.

'It is hard to imagine a more terrifying experience for a young girl.'

Finnerty was also placed on the sex offenders" register and referred to the Scottish Ministers as a person unsuitable to work with children.

He admitted detaining the girl against her will in his home, sexually assaulting her and assaulting her to the danger of her life at his home in Clydebank on August 22, last year.

He was originally accused of raping the girl and attempting to murder her, but his pleas to reduced charges were accepted by the Crown.

Prosecutor Simon Collins said: 'The girl was playing in her back garden with other children.

'At 5pm her mother called out to her to come for her tea. She spoke to other children who said she was playing at the front of the tenement block.

'The mother went to the front and got no answer from the girl. She then texted her mother who came to help look for the child.'

The court heard that as the two women walked past Finnerty"s home he opened the door and the girl emerged.

Mr Collins said: 'She said she had been abused by the accused. She was so distressed that she was taken into her own home.'

The court was told that when the girl"s father heard what had happened he went into Finnerty"s home and repeatedly punched him. He has since pleaded guilty to assault saying: 'Any father would have done the same.'

When quizzed by police Finnerty denied any wrongdoing.

He told officers: 'I never done it. I never touched her. I never have and I never will touch a we"an.'

Finnerty also asked to be given a lie detector test.

The court was told that the girl has recovered physically from her injuries which doctors said were life-threatening because her blood supply was restricted while she was trying to breathe.

Defence QC Frances McMenamin said: 'He has asked me to express his profound shame and remorse for what happened to the complainer.

'He has no explanation to put forward for his behaviour.'

She added that he was profoundly affected by the death of his mother and said: 'He has limited personality resources and limited intellectual function.

'There was never any possibility of this case going to trial and causing the little girl and her family further distress.'

Ms McMenamin added that while in jail Finnerty intends to take programmes to help with his problems.

This article appeared in Clydebank Post 01 Jul 09

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