Judge refers case of Cork man accused of under-age sex to circuit court
A judge has reversed his own ruling that a case where a 20-year-old Cork man is facing charges of underage sex and sex assault concerning a teenage girl can be heard in the district court.
At Ennis District Court today, Judge Patrick Durcan said that the allegation “is very serious” and after giving the matter more thought he has now decided to decline jurisdiction and the case will now be heard in the circuit court.
Judge Durcan stated that after making his ruling on November 27th last “I have reconsidered the matter and I have decided to recoil from that ruling and I have decided not to accept jurisdiction in the case and I am acting totally within my own jurisdiction to make that ruling”.
The decision by Judge Durcan places the accused at risk of a tougher sentence in the circuit court if he is convicted.
In the district court, the maximum prison term for sexual intercourse with a teenager aged under 15 is 12 months in jail in the district court.
The Director of Public Prosecution (DPP) had directed that the case be heard in the district court on a plea of guilty only.
Solicitor for the accused, Stiofán Fitzpatrick told the court last November that his client required time to consider his plea in the case and Judge Durcan then adjourned the case to February 26th next.
Last November in court, Insp Michelle Moloney told Judge Durcan that while an initial complaint was made over the alleged offences in an isolated location outside a Co Clare town, the complainant was ‘reticent’ that the case proceed against the accused.
Insp Moloney stated that the DPP was prosecuting the case in the public interest.
She stated that the girl has failed to make a written statement of complaint in the case but that her mother in anxious that the case be seen through.
Giving an outline of the facts in the case, Insp Moloney stated that it is alleged that the male then aged 17 had sexual intercourse with the then 13 year old girl in an isolated location outside a Co Clare town.
Insp Moloney said it is also alleged that digital penetration of the girl also occurred.
Mr Fitzpatrick told the court that no one is saying that there was any coercion or that the girl was forced to have sex.
Mr Fitzpatrick was responding to a query from Judge Durcan who asked was the sexual intercourse consensual except in being breach of the law.
In the case, the 20 year old is charged with having sexual intercourse with a girl under the age of 15 on May 2nd 2017 at a location in Co Clare
The male is also charged with sexual assault of the girl at the same location on the same date.
Judge Durcan imposed reporting restrictions that the identity of the complainant and the accused not be made known and remanded the accused on continuing bail for the drawing up of a Book of Evidence.
