Courts / Ireland / Report

Man accused of raping siblings claims he cannot get a fair trial

Date
2019-04-08
Stage
Charge Or Pretrial

Summary

A man in his late thirties has filed a High Court application to stop the prosecution of four charges of rape and sexual assault against his younger siblings, alleged to have occurred in the late 1990s when he was aged 13 to 15. He argues that the law at the time made children aged 7 to 14 incapable of committing a criminal offence, and that the dates of the alleged offences are unclear, leaving open the possibility he was under 14. He seeks an order to prohibit further prosecution, declarations that the delay has prejudiced him, that a trial would be unfair and unjust, and that proceeding would breach his rights under the Irish Constitution and the European Convention of Human Rights. Mr Justice Seamus Noonan granted permission ex‑parte, put a stay on the prosecution, and adjourned the matter to June. The case is pending before the Central Criminal Court.

Who, what, where, when and why

What: Report matter: Man accused of raping siblings claims he cannot get a fair trial. Procedural stage: charge_or_pretrial

When:

Case subjects

Unnamed accused

Accused

Outcome: The judge, who put a stay on the prosecution from proceeding pending a further order from the court, adjourned the matter to a date in June.

Places mentioned

Court Venue
  • High Court
  • Central Criminal Court

Topics

Stage Charge Or Pretrial Violent Crime

Read the original CNI report

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