Courts / Dublin / Report

Rape trial collapses after complainant leaves on ferry to UK

Date
2019-07-04
Stage
Trial
Primary locality
Dublin
County
Dublin

Summary

The rape trial of a Dublin man collapsed after the complainant left on a ferry to the UK during her cross‑examination. Ms Justice Carmel Stewart directed the jury to acquit the accused, citing a High Court judicial review that found the prosecution's delays inexcusable and blameworthy. The accused, aged 15 when the alleged rape occurred in August 2014, was charged as an adult in January 2017. He had pleaded not guilty and his lawyers had sought to restrain the prosecution on the basis of the delays. The court heard that the complainant had a troubled background and had become uncontactable after leaving on a ferry. The judge noted the complainant's father had discovered alleged admissions by the accused on her phone, which had been delayed for analysis. The judge concluded that the delays did not outweigh the public interest in proceeding to trial, but the absence of the complainant led to the acquittal.

Who, what, where, when and why

What: Report matter: Rape trial collapses after complainant leaves on ferry to UK. Charges or matters: rape and before his trial began this week, his lawyers had brought Judicial Review proceedings seeking to restrain the prosecution on the basis of delays which meant he was now before the Central Criminal Court as an adult rather than as a child. Procedural stage: trial

When:

Why: At that time the interview could not be facilitated because gardaí were dealing with a tiger kidnap case in the area. CNI source report

Case subjects

Judicial Review

Applicant

Charges: rape and before his trial began this week, his lawyers had brought Judicial Review proceedings seeking to restrain the prosecution on the basis of delays which meant he was now before the Central Criminal Court as an adult rather than as a child (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Secondary Mention
Court Venue
  • Central Criminal Court
  • High Court

Topics

Sexual Offences Stage Trial

Related court reports

Read the original CNI report

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