FOUR OF THE five teenage boys charged with the defilement of a 15-year-old girl at her home in Dublin appeared at Tallaght District Court today.
The fifth boy and his parents had been excused from attending at a previous court date.
All five of the boys are between 16 and 18 years of age. They have been accused of having sexual intercourse with a 15-year-old at an address in Dublin in 2014.
Each of the teenage boys is charged with the defilement of a named female child under the age of 17 contrary to Section 3 (1) of the Criminal Law (Sexual Offences) Act, 2006.
It is alleged that on the evening in question the girl had drunk a bottle of vodka and that afterwards her friends brought her back to her home. It is alleged that a house party then occurred at her house, during which each of the five males had sex with her.
Judge Bridget Reilly heard that the book of evidence was ready for three of the accused.
The DPP consented for all three boys to be sent forward for trial to the next sitting of the Circuit Court.
Bail conditions
The first boy, accompanied by both parents, was remanded on bail until his next court date in the Criminal Courts of Justice on 29 April. The DPP consented for this trial to go forward to the Dublin Circuit Court.
His solicitor requested that one amendment be made to the conditions of bail. He said there was consent by both parties that the young man’s passport be returned to him by gardaí for the use of travel with his family.
The solicitor told the court there was consent the accused may travel if flight details are furnished to the gardaí in advance. The judge granted the request and stated that the passport must be returned to gardaí upon return.
The second young man, aged 17, was accompanied in court by his mother. The declaration that the book of evidence had been served to the accused by the gardaí was made and the prosecution said there was consent to send the case forward to the next Circuit Court sitting.
Judge Reilly said the same bail bond conditions stand since October 2015 and she asked the accused did he understand. He said he did.
Alibi details
Judge Reilly said she was obliged to tell the accused that if he intended on relying on the evidence of any alibi at his trial he must give notice of the alibi to the prosecution within 14 days of being served the book of evidence.
“If you watch TV you will know what an alibi is?” she asked. “Yes,” answered the accused. She told the young man should he need any more instruction he should speak to his legal counsel. She also informed the other accused of this obligation.
The third boy before the court was accompanied by his father. He was also granted continued remand on bail under the same conditions. His case was also sent forward to the next sitting of the Circuit Court for 29 April.
The cases of the two remaining accused were heard together in court today.
The solicitor for one of the young men said his client had not yet elected how to plea.
He told the court his client’s case was refused leave for a judicial review in the High Court and was now on appeal to the Court of Criminal Appeal. He had asked for a judicial review in relation to how his client was originally dealt with by the gardaí.
He told the court the matter is being considered and he expected a reply in the next couple of weeks.
The court was told that a date of May 16 had already been set aside by the court and Judge Reilly remanded the accused on continued bail to this court for two weeks where his case will be heard again for mention.
Facebook messages as evidence
The solicitor for the young man not present in court today by permission said there were outstanding matters in relation to the disclosure of evidence – namely Facebook messages and counsellor notes.
In February, the court was told the gardaí were making their way through 14,500 pages of information from Facebook, which would be “substantial” to the case.
The solicitor also told the court that it was unhappy with the evidence being “drip-fed” from the prosecution.
Judge Reilly asked when the material will be made available to the defence. The solicitor for the DPP said the Facebook message evidence would be available next week, but the counselling notes could take a little longer. The judge said she understood there to be a “small privilege” on the counselling notes.
Judge Reilly asked for there to be no delay in furnishing the evidence. She said “heaven and earth” had been moved in order to get a courtroom, a judge and all the resources necessary for the trials in the CCJ.
Judge Reilly set a date of 16 May in Court 2 in the Criminal Courts of Justice and remanded him on bail to that date.
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