Ireland High Court blocks common assault prosecution at childcare facility
A childcare worker, who cannot be named to protect the children involved, was cleared by a jury in 2021 of sexually assaulting a number of children at a childcare facility. Gardaí subsequently sought to have him tried in the District Court for common assault on a child at the facility, applying a third time to issue a summons after the original summons had been withdrawn in September 2018 before the sex assault trial. The man's lawyers argued the investigating garda was out of time, and that the DPP had deliberately withdrawn the summons and could not rely on her own mistake to revive it. In March 2023, the High Court ruled that the District Court lacked jurisdiction to hear the common assault charge and that the prosecution cannot proceed.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Mar
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A childcare worker was accused of common assault on a child at a childcare facility.
- Where
- The alleged assault took place at a childcare facility.
- When
- The original common assault summons was withdrawn in the District Court in September 2018, before the sex assault trial.
- In court
- The man was cleared by a jury in 2021 of sexually assaulting a number of children in the childcare facility.
- Gardaí applied for a third time to issue a summons over the alleged common assault.
- The man's lawyers argued the investigating garda was out of time when she applied for the third summons.
- In March 2023, the High Court ruled that the District Court lacked jurisdiction and that the prosecution for common assault cannot proceed.
- Charges
- Gardaí sought to have the man tried in the District Court for common assault on a child at the facility.
- Other details
- Gardaí had withdrawn the charge because they believed it had been added to the indictable sexual assault charges before the Circuit Court, but it had not actually been added to the indictment.
8 statements extracted from the articles
- chargeGardaí sought to have him tried in the District Court for common assault on a child at the facility. (irishtimes.com)
- courtThe High Court ruled that a prosecution for common assault cannot proceed against the childcare worker. (irishtimes.com)
- courtThe man was cleared by a jury in 2021 of sexually assaulting a number of children in the childcare facility. (irishtimes.com)
- courtThe summons for the common assault had been withdrawn in the District Court in September 2018, before the sex assault trial. (irishtimes.com)
- courtGardaí applied for a third time to issue a summons over the alleged common assault. (irishtimes.com)
- courtThe man's lawyers argued the investigating garda was out of time when she applied for the third summons. (irishtimes.com)
- otherGardaí withdrew the common assault charge because they believed it had been added to the indictable sexual assault charges before the Circuit Court. (irishtimes.com)
- otherThe common assault case had not actually been added to the indictment. (irishtimes.com)
The reporting
newest first- 13 Mar2023Prosecution of childcare worker for assault cannot proceed, court rules
High Court ruling by Mr Justice Anthony Barr that the District Court lacks jurisdiction to hear the common assault charge because the DPP deliberately withdrew the summons in September 2018 and cannot rely on her own mistake to revive it.
accused, malevictim