High Court refuses to halt trials of three young men over alleged sexual assault
A teenage girl alleges she was sexually assaulted in June 2019 during a break between school exams, after she went into an off-campus building and was followed in by male students. Three young men, all teenagers at the time and now over 18, were arrested and interviewed in August 2020, and in May 2022 two were charged with sexual assault and one with false imprisonment. In February 2020 the girl had complained to gardaí, and in July 2021 the file went to the DPP. On 29 February 2024 the High Court, in a ruling by Mr Justice Garrett Simons, refused the three men's application to stop their trials, found blameworthy delay did not automatically bar trial, and ordered reporting restrictions.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court29 Feb
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- It is alleged one accused pulled down his trousers and others told the girl to perform a sex act on him.
- It is alleged one accused touched the girl outside her clothing and another touched her outside and inside her clothing.
- The girl says she was prevented from leaving by two students, including the third accused, and that she was coerced into a kiss with one of them.
- Where
- The girl says she went into an off-campus building during a break between school exams and that eight male students entered after her.
- When
- The alleged incident occurred in June 2019.
- Investigation
- The girl complained to gardaí in February 2020 and was interviewed in May 2020.
- The three accused were arrested and interviewed in August 2020 and were deemed unsuitable for the Juvenile Diversion Programme in December 2020.
- A file was submitted to the DPP in July 2021.
- Charges
- In May 2022, by which time all three were 18, two accused were charged with sexual assault and the third with false imprisonment.
- In court
- The three accused applied to the High Court to stop their trials, and the DPP opposed the application.
- Mr Justice Garrett Simons refused to restrain the prosecutions and ordered that the accused, the complainant and two others also charged not be identified.
- Other details
- The judge found blameworthy prosecutorial delay, saying the DPP gave no adequate explanation for a delay of two years and three months, but that this does not automatically prohibit trial.
- The three men claimed the delay cost them entitlements of being tried as children, and the judge found the only prejudice established was the potential loss of reporting restrictions under the Children Act 2001.
- The case record lists five suspects, while the articles name three accused, with two others also charged who did not bring legal challenges.
34 statements extracted from the articles
- whatIt is alleged one accused pulled down his trousers and others told the girl to perform a sex act on him. (irishmirror.ie)
- whatIt is alleged one accused touched the girl outside her clothing and another touched her outside and inside her clothing. (irishmirror.ie)
- whatThe girl said she was prevented from leaving by two students, including the third accused. (irishmirror.ie)
- whatThe girl alleges she was coerced into a French kiss with one of the students. (irishmirror.ie)
- whatThe charges arise from the alleged sexual assault of a teenage girl during a school exam break. (irishtimes.com)
- whatThe girl alleges she went into an off-campus building and eight male students entered after her. (irishtimes.com)
- whatIt is alleged one of the three pulled down his trousers and underpants and others told the girl to perform a sex act on him. (irishtimes.com)
- whereThe girl said she had gone into an off-campus building during a break between exams. (irishmirror.ie)
- whenThe alleged incident occurred in June 2019. (irishmirror.ie)
- whenThe alleged incident occurred in 2019. (irishtimes.com)
- investigationThe girl first complained to gardaí in February 2020, about eight months later. (irishmirror.ie)
- investigationThe girl was interviewed in May 2020. (irishmirror.ie)
- investigationThe three accused were arrested and interviewed in August 2020. (irishmirror.ie)
- investigationIn December 2020 the three were deemed unsuitable for the Juvenile Diversion Programme. (irishmirror.ie, irishtimes.com)
- investigationThe girl first complained to gardaí in early 2020. (irishtimes.com)
- investigationThe three were arrested and interviewed in August 2020. (irishtimes.com)
- investigationA file was submitted to the DPP in July 2021. (irishtimes.com)
- chargeTwo of the accused are charged with sexual assault, and the third faces a charge of false imprisonment. (irishmirror.ie)
- chargeA file was sent to the DPP in July 2021 and the three were charged in May 2022, by which time they were all 18. (irishmirror.ie)
- chargeTwo of the defendants are charged with sexual assault. (irishtimes.com)
- chargeThe third defendant faces a charge of false imprisonment. (irishtimes.com)
- chargeThe three were charged in May 2022, by which time they had all reached 18. (irishtimes.com)
- courtThe High Court refused to stop the trials of three young men. (irishmirror.ie, irishtimes.com)
- courtThe three accused brought High Court proceedings to stop their trial. (irishmirror.ie)
- courtThe DPP opposed the application. (irishmirror.ie)
- courtThe judge refused to restrain the prosecutions but ordered that the accused, the complainant and two others charged not be identified. (irishmirror.ie)
- courtThe only prejudice established by the applicants was the potential loss of reporting restrictions under the Children Act 2001. (irishmirror.ie, irishtimes.com)
- courtThe High Court made an ad hoc reporting restriction order to address the risk of prejudice. (irishmirror.ie)
- courtThe judge found that blameworthy delay does not automatically prohibit a trial. (irishtimes.com)
- courtThe DPP opposed the application to stop the trial. (irishtimes.com)
- sentenceThe judge ordered ad hoc reporting restrictions on the prosecution. (irishtimes.com)
- otherThe judge found blameworthy prosecutorial delay in the investigation and prosecution. (irishmirror.ie, irishtimes.com)
- otherThe judge said the DPP gave no adequate explanation for a delay of two years and three months. (irishmirror.ie)
- otherThe three men claimed delay in prosecuting them meant they lost certain entitlements from being tried as children. (irishtimes.com)
The reporting
newest first- 29 Feb2024High Court refuses to halt trials of three young men arising out of alleged sexual assault
Covers the High Court ruling on a delay-based application to stop the prosecutions. Adds the defendants' claims, the charges, the judge's findings on delay and reporting restrictions, and the investigation timeline.
accused, maleaccused, maleaccused, malevictim, female - 29 Feb2024Three charged in connection with sex assault on schoolgirl fail to stop trials
High Court refused the application to stop the trials and ordered ad hoc reporting restrictions. The judge found blameworthy prosecutorial delay but said it did not automatically prohibit trial.
victim, femaleaccused, maleaccused, maleaccused, maleaccusedaccused