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Man imprisoned over alleged wrongful rape charge sues State

Summary

Adrian Shanley, acting as solicitor for a male applicant, brought a civil action against the State following his release from prison after a rape charge was dropped. The applicant, an EU national, was imprisoned for over a year after being charged with raping a woman in 2009. He was remanded in custody after being refused bail in the District Court due to flight risk concerns. Although granted High Court bail with conditions including a €10,000 surety and daily Garda sign-ons, he remained in custody until June 2011 as he could not meet the terms. Shortly before his trial, the applicant's legal team discovered that the complainant had previously admitted to fabricating a similar rape allegation against another man in 2007. Following this disclosure, the Director of Public Prosecutions entered a nolle prosequi, ending the prosecution and releasing the applicant. The applicant now seeks damages for malicious prosecution, false imprisonment, negligence, and breach of constitutional rights, alleging that his relationship broke down and he lost his job. The defendants, including the Garda Commissioner and DPP, deny the claims, stating they acted within their public duties. The matter came before Ms Justice Niamh Hyland, who was asked to rule on a preliminary issue regarding the applicant's request for formal replies to interrogatories from the State. The State opposed the application, arguing it would prejudice adjudication. In her judgment, Ms Justice Hyland adjourned the plaintiff's motion. The matter was not concluded; the judge noted the motion could be re-entered if the plaintiff wishes to proceed, provided his lawyers submit a sworn statement identifying the persons to whom each interrogatory is directed.

Who, what, where, when and why

What: Report matter: Man imprisoned over alleged wrongful rape charge sues State. Procedural stage: sentence

When:

• February 2009 Other
• June 2011 Incident
• 2021-11-19 Publication

Case subjects

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Stage Sentence

Read the original CNI report