THE family of a victim of a child sex offender expressed their frustration after his sentencing was delayed again to the failures in the justice system.

Paul McGahey, who lived in rented accommodation in East Tilbury when the crimes were committed, was found guilty of two sexual offences at Basildon Magistrates' Court in July.

The offences were:

• Arranging/facilitating commission of offence of sexual activity in presence of child / cause child to watch sexual act
• Engaging in sexual communication with a child

The case was sent to crown court for sentencing because it has greater powers of punishment that the magistrates can give. McGahey has since been held at Chelmsford prison.

After an initial delay to the original sentencing date, McGahey appeared by video link for a sentencing in front of Judge Nicholas John Ainley on Thursday, 7 August.

However, he had no legal representation and Judge Ainley felt unable to proceed, adjourning the case to 4 September. That date came and went without a court appearance due to problems in 'judicial availability' according to court clerks and it was rearranged for today (Tuesday, 16 September) before Judge Richard Conley.

However, McGahey – again appearing by video link – was unrepresented.

Judge Conley was clearly frustrated but after discussions with McGahey and prosecuting counsel Mark Halsey, he said he had little choice but to adjourn the case again.

Those discussions were around how McGahey had been unable to obtain legal aid for representation. McGahey told the court he had been told he was not eligible for legal aid at Crown Court, though he had been represented at the magistrates hearing.

"I'm not able to get legal aid, I put in for it but I'm waiting to hear back. I don't know how the system works. I've been in here since 7 July."

Judge Conley looked perplexed and said he did not understand what had happened – nor did Mr Halsey.

Judge Conley initially said: "I don't know what to do for the best", but when further questioning revealed the convicted man had not even been given a copy of his own probation pre-sentencing report, the judge said that decided the issue.

Basildon Crown Court.

Announcing a further adjournment to Tuesday, 14 October, Judge Conley apologised to the family of the victim who had appeared at court to see justice dispensed and added: "With all due apologies, this is just not satisfactory.

"This is a very serious matter and it makes it more difficult as Mr McGahey is not in court. It's hard enough when someone offers mitigation for themselves when they can look the judge in the eye, it's almost impossible by video.

"And he hasn't even seen a copy of the pre-sentence report which is the final nail in the coffin."

Addressing the family of the victim he said: "I understand you are in court and want to see it done. With considerable regret I must adjourn.

"Next time it will be heard, come what may. It's going ahead."

The family expressed their frustration outside the court, with the victim's mother saying: "It's difficult to take in, it's gone on for so long. It just seems as if no-one knows what they are doing."