Court rejects rapist's challenge to detention

The High Court has rejected a challenge taken by a man to his detention for the statutory rape of his sister.

The High Court has rejected a challenge taken by a man to his detention for the statutory rape of his sister.

Coming after last week's Supreme Court decision to rearrest Mr A, Simon Murphy's application to be

The Four Courts.
The Four Courts.

set free has been refused. His lawyers had claimed his detention was unlawful in the wake of the law on statutory rape being struck down by the Supreme Court.

The 53-year-old Wexford publican is currently serving an eight-year sentence for the statutory rape of his younger sister and the sexual assault of three other women.

READ MORE

The father-of-four from Ramsgrange, New Ross, pleaded guilty in 2002 to having sex with his sister and sexually abusing three other girls over 25 years ago.

Mr Justice Paul Gilligan said Murphy's application for his "release from custody pursuant to article 40 of the Constitution is refused and the application will be dismissed."

Murphy was returned to Dublin's Wheatfield Prison. Mr Justice Gilligan today also adjourned until July 19th an application by a 33-year-old Galway man who was jailed for unlawful carnal knowledge and a string of sexual assaults.

Gerard Barrett was convicted in June 2003 for the statutory rape of a girl under 15. He was jailed for eight years for the attack and four years for five counts of assault causing harm. The last two years of the eight-year sentence were suspended.

An appeal by a third man, who cannot be named, was also adjourned until the same date. The 29-year-old was jailed earlier this year after pleading guilty to having sex with a 16-year-old girl. He was 27 at the time of the offence.