Case No. 21935Common assault
High Court rules common assault prosecution against childcare worker cannot proceed
The High Court ruled that a common assault prosecution against an unnamed childcare worker, who was acquitted of sexually assaulting children in a creche in 2021, cannot proceed because the original District Court summons was withdrawn in September 2018 under a mistaken belief.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Mar
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports8 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- courtThe summons for the common assault had been withdrawn in the District Court in September 2018, before the sex assault trial.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