A man has been freed by the Central Criminal Court on a rape charge after the alleged victim refused to give evidence against him.
Mr Justice Carney directed the jury to find the Co Monaghan man not guilty of the oral rape of the woman and also of sexually assaulting her on the same occasion on October 10th, 1998.
When she was sworn in at the witness box, the 27-year-old woman told the court she was unable "to go along with it" because she was unable emotionally to give evidence. She added that she recently had had a baby and was suffering from postnatal depression.
Mr Justice Carney refused an application by Mr Ciaran O'Loughlin SC, prosecuting, for an adjournment of the case. The judge said it would mean that other cases which had been listed but didn't get on because there was no court or judge available would go back for a year or more. That left the case hanging over both the complainant and the accused. He said he would refuse to give an adjournment to either prosecution or defence in these circumstances and therefore directed the jury to find the Monaghan man not guilty.