A prolific paedophile who dressed up as a police officer to capture an innocent 13-year-old boy has been jailed for five years.
Robert Byrne, 56, took the lost child from a shop in Liverpool city centre in February 27 this year after he previously told its owner he was an undercover officer.
The 13-year-old victim had run away from where he was living with his grandmother and travelled on his own to Liverpool, hoping to find his mother’s house in the Everton area. However he ended up lost and scared in the early hours and turned to the shopkeeper for help.
Meanwhile, Byrne, who has convictions dating back to the 1980s, was prowling the area wearing a bullet proof vest and a utility belt, holding what appeared to be a wireless radio.
Liverpool Crown Court heard on Tuesday that Byrne, of Fountains Road in Birkenhead, was flagged down by the shopkeeper at around 3.10am, who had been previously led to believe Byrne was an undercover officer.
The court heard Byrne told the shopkeeper he would ‘radio in’ the lost boy, and walked away with him towards McDonald’s at Lime Street, telling him ‘I was due to finish early but now I have to deal with you’.
Robert Byrne, 56, has been jailed for five years after he dressed up as a police officer to capture an innocent 13-year-old boy
Byrne took the boy to a McDonald’s on Lord Street, where he bought him a hot chocolate
They then walked to the McDonald’s on Lord Street as the toilets at the Lime Street branch were locked, and Byrne bought the boy a hot chocolate, the court was told.
However while Byrne and the boy were sipping their drinks, the real police turned up before Byrne was able ‘to form the intent to commit a sexual offence’.
Nicola Daley, prosecuting, told the court: ‘When he saw [the 13-year-old boy], who was upset and trying to get the police to assist him to go home; in order to spend time with [the boy] alone he presented himself, both to the shopkeeper and [the boy], as someone who could assist in getting [the boy] to the police.
‘By the way that he dressed and also by telling the shopkeeper that he would ‘radio in’ to the police, by fraud, he got [the boy] to go with him, away from the safety of the shop. His fraudulent activities vitiated the apparent consent or willingness of [the boy] to walk with him.
‘There was no lawful reason or justification for taking him away from the shop and the court can be sure of that because he did not in fact contact the police himself at all to get them to come to help [the boy].
‘Instead, thereafter, he preyed upon [the boy’s] obvious vulnerability; i.e.. him being tired and cold by buying him a hot chocolate, again, to make him feel safe and thus ensure that [the boy] was willing to spend more time with him.’
Ms Daley said the prosecution acknowledged that no sexual offence had been able to take place before the police arrived.
However, she said: ‘It is the prosecution case that after the defendant had bought [the boy] a hot chocolate, he had no intention of returning him to the police to be taken home.
‘The prosecution submit that the court can safely infer this from the fact that, when walking towards the second McDonalds, the defendant told [the boy] that if anyone challenged why they were together, to tell them that he was his uncle.’
The court heard Byrne was already the subject of a Sexual Harm Prevention Order (SHPO) at the time of the offences, which prohibited him from spending time with underage boys.
Liverpool Crown Court heard on Tuesday that while Byrne and the boy were sipping their drinks, the real police turned up before Byrne was able ‘to form the intent to commit a sexual offence’
When he was arrested police realised that Byrne was a prolific offender, with convictions on his record dating back to the 1980s including indecent assault, serious sexual assault, breaching SHPOs, inciting a child to engage in sexual activity, sexual assault and making indecent images.
The court also heard he had previously been caught in Manchester impersonating a police officer in 2003, when he befriended a boy near Piccadilly train station, breaching a SHPO.
Byrne initially denied the offences and was charged with kidnap, impersonating a police officer with intent to commit a sexual offence, and breaching a SHPO. He pleaded guilty to breaching his SHPO in March, and then admitted kidnap on the day of his trial on August 7. The impersonation charge was left to lie on the file.
Christopher Stables, defending, told the court the defendant had not committed any sexual offence against the boy and there was no evidence he had ‘formed the intention’ to commit a specific sexual offence at the time the police arrived.
Judge David Swinnerton, passing sentence, told Byrne he had ‘lifetime of committing sexual offences against teenage boys’.
He said: ‘The inference I draw is that the reason you wanted to spend time with [the boy] and kidnapped him is that you have a sexual interest in young boys. That was why you wanted to spend time with him.
‘That is not to go as far as saying you’d formed an intent to commit a sexual offence at that point.’
Byrne was jailed for five years and four months with an extended five year licence period. The sentence means that Byrne must serve at least two thirds of the jail term behind bars before he can apply for parole, and will only be released early if a Parole Board deem he is no longer a risk.
His SHPO was also extended indefinitely.
Speaking after the sentencing, Detective Inspector Victoria Tinsley, from the Sex Offender Unit, said: ‘This was very disturbing incident where Byrne preyed up on the young victim’s circumstances of being vulnerable and upset.
‘What was also alarming was that Byrne had previously told retailers that he was a police officer working undercover. This showed the lengths his predatory behaviour would go to in order to win the trust members of the public by impersonating a police officer.
‘Thankfully genuine police officers quickly tracked Byrne down, and the young victim was taken safely home before any potential harm came to him.’
