The Court of Appeal has dismissed L.E.’s appeal against the High Court’s refusal to prohibit her prosecution over an alleged 2015 assault and stabbing. The appeal concerned whether prosecutorial delay and the loss of protections available to children made it unfair or unjust for the criminal case to proceed.
The charges arise from an alleged incident on 19 September 2015. The judgment says the complainant, identified as K.W., was 17 and suffered multiple stab wounds, including a punctured lung. L.E. was 15 at the time. She faces charges of making a threat to kill or cause serious harm, violent disorder and assault causing harm. These are allegations; the appeal judgment does not determine her guilt.
L.E. argued that the Gardaí had not made reasonable efforts to locate her and that the delay, considered alongside her mental health difficulties and later personal losses, made a trial unjust. Her appeal also challenged the High Court’s assessment of the evidence about her mother’s account of her whereabouts. The Director of Public Prosecutions opposed the appeal, relying on the High Court’s decision and arguing that the prosecution should proceed given the seriousness of the alleged offences.
The Court of Appeal said the High Court judge’s conclusion that there had been no culpable or blameworthy prosecutorial delay was “certainly open to him”. It noted that the trial had been scheduled for 5 December 2017, that the case involved six accused and was complex, and that the trial date was vacated at L.E.’s request. The court also referred to her failure to attend a Juvenile Liaison Officer meeting, which meant an assessment for the Juvenile Diversion Programme had to be completed before a decision to charge her could be taken.
The court accepted that losing the reporting restrictions available under the Children Act 2001 was a significant disadvantage. It weighed that against the seriousness of the case and the complainant’s injuries. It also agreed with the High Court that L.E. had made significant progress in relation to her mental health and that the stress of facing a criminal trial, on its own, did not justify prohibiting it.
The Court of Appeal dismissed the appeal. It did not decide the criminal charges or direct a trial outcome; the prosecution was allowed to proceed.