Further statutory rape charge removed
A charge of statutory rape has been withdrawn against another man at Dublin Circuit Criminal Court following a week when six men, including Mr C, had similar charges against them dropped.
The 28-year-old Dublin man had not yet entered a plea to a charge of unlawful carnal knowledge of a girl under 17 years old between December 1, 2003 and January 27, 2004.
Ms Melanie Greally BL entered a nolle prosequi on behalf of the Director of Public Prosecutions when the case appeared before Judge Desmond Hogan. There was no mention in court as to whether the State intend to bring fresh charges against this man.
Mr C and the other five men were arrested on Wednesday, as soon as they left the Circuit Criminal Court and were recharged with sexual assault at Dublin District Court.
Judge Bryan McMahon allowed the DPP to enter nolle prosequi in each of the six case, following its consideration of the Supreme Court ruling that Section 1.1 of the 1935 Criminal Law Amendment Act was unconstitutional.
Mr C faced four charges of unlawful carnal knowledge with the same girl in different places on different dates between July 20, 2001 and August 08, 2001.
He pleaded not guilty and brought his case to the Supreme Court when he learned that a defence of "honest mistake of age" was not allowed.
Judge McMahon said that the application by the DPP to enter nolle prosequi on the indictments against Mr C and the other men was "a considered response to the Supreme Court ruling".
He said the Supreme Court ruling which declared the unconstitutionality of Section 1.1 did not detail the legal knock-on affects of its judgement in general to people facing these charges and in particular to Mr C.
Judge McMahon said he didn't accept the argument from Ms Marie Torrens BL, defending Mr C, that since the Supreme Court struck down Section 1.1 as unconstitutional, there was nothing left for him or the court to do.
"I believe its incumbent on people in legal institutions to act and respond to this judgement appropriately. I believe when the Supreme Court gives a decision striking down a piece of legislation as unconstitutional, we must react and adopt to this new law. It is not correct to do nothing," said Judge McMahon.
Judge McMahon said it was his general view that he will grant further nolle prosequi to the DPP in similar cases should they seek them, unless, he said, the defence team for the accused convinced him otherwise.
