Courts / Dublin / Report

Sex assault charges dropped after judge rules informal identification was unfair

Summary

In a Dublin Circuit Criminal Court hearing, a 45‑year‑old man was discharged from charges of sexually assaulting a 16‑year‑old schoolgirl after Judge Pauline Codd ruled that an informal identification by the victim at a Luas stop was unfair. The man had pleaded not guilty. The judge found that the identification process lacked safeguards: no foils were used, no notes were taken, and the Gardaí present were not neutral. She noted that the victim's detailed description had been given to the Gardaí, but the identification was conducted eight days after the alleged assault, with the Gardaí already aware of the suspect's identity. Consequently, the judge excluded the identification evidence and dismissed the case, stating no prosecution would proceed. The jury was thanked for their service. The case remains closed with no further charges.

Who, what, where, when and why

What: Report matter: Sex assault charges dropped after judge rules informal identification was unfair. Charges or matters: sexually assaulting the then 16-year-old on January 31, 2018 between St Stephens Green and Cowper Luas stops. Procedural stage: trial

When:

• January 31, 2018 Hearing Or Sentence
• 2022-02-14 Publication

Why: Judge Codd said it was clear that the officers were watching their phones at the time because they were "tuned into" the surveillance operation that was going on. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report