Courts / Dublin / Report

Garda investigation file into rape complaint missing for second time, court told

Date
2017-03-23

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

An original Garda investigation file into complaints of rape made by a woman more than 25 years ago has gone missing for the second time, the High Court has heard. The woman is suing the Minister for Justice, Ireland, the Attorney General, the Director of Public Prosecutions and the Garda Commissioner for damages, alleging an alleged failure to properly pursue a prosecution following her complaint. The alleged rapist had previously won an appeal against a 1998 conviction for rape, unlawful carnal knowledge, incest and indecent assault, and was jailed for nine years. He later won a High Court order halting a re-trial on grounds of prosecutorial delay. The woman claims the failure constituted negligence and breach of duty on the part of the Garda and State, and that her constitutional rights to bodily integrity were breached. These claims are denied. The action, which has a long legal history, returned before the court when Ms Justice Mary Faherty directed the State defendants to provide the woman's legal team with all files and documents relating to the investigation and prosecution of the alleged assailant. The judge set a temporal limit on her order, requiring all relevant documents held by the defendants relating to the prosecution and investigation up until April 2004 to be given to the woman's lawyers over the next six weeks. The application for discovery was opposed by the State. The woman's legal team argued that the material sought was 'relevant and necessary' for her to properly advance her claim. Counsel noted that the original Garda investigation file had been put into storage in 2006 but could not be located, marking the second time the file had gone missing since the woman first made a complaint back in 1990. The High Court previously ruled in 2011 that the gardai and prosecuting authorities owe no duty of care under Irish law to individuals in carrying out their functions in the investigation and prosecution of crime. However, that ruling was set aside and referred back to the High Court following an appeal to the Supreme Court, which said the woman should be allowed to bring her case to trial before the High Court.

Who, what, where, when and why

What: Report matter: Garda investigation file into rape complaint missing for second time, court told. Charges or matters: rape, unlawful carnal knowledge, incest and indecent assault and jailed for nine years. Procedural stage: appeal. Findings: Convicted

When:

April 2004 Hearing Or Sentence
September 1996 Other
2017-03-23 Publication

Why: That was because it would be contrary to the public interest to impose such a duty by reason of the inhibitory effect on the proper exercise of those functions, the High Court found. CNI source report