Teenager seeks to prevent trial on underage sex charge

A south Dublin teenager accused of having sexual intercourse with an underage girl has brought a legal challenge aimed at preventing his trial.

The 17-year-old, who cannot be identified for legal reasons, is facing trial before Dublin Circuit Criminal Court on a charge that he, when aged 15, had sexual intercourse with an underage girl. He claims his right to a fair trial has been breached by delay in prosecuting him.

The offence is alleged to have occurred at an address in Dublin in March 2014 when the accused was aged 15. He is one of several young males charged after a complaint was made to gardaí.

The teenager was arrested some months after the alleged incident but was not charged with the offence until October 2015. The book of evidence was served earlier this year.

When the matter came before Dublin Circuit Court, a trial was fixed for December.

The accused’s lawyers asked the Circuit Court for an earlier trial date because the accused would turn 18 before December. That would mean he would be tried as an adult.

The Director of Public Prosecutions (DPP) had indicated that it was not possible to have an earlier trial date due to the availability of witnesses, it was stated.

In his action against the DPP, the teenager says the DPP has failed to prosecute the case in a proper or expeditious manner.

The accused was a child at the time of the alleged offence, the subsequent investigation was not progressed with any speed and he has been deprived of his right under the European Convention of Human Rights to a fair and expeditious trial, it is claimed.

It is also alleged there is unexplained prosecutorial delay in the case which is contrary to constitutional justice and disregards the special consideration which ought be afforded to children in the criminal justice system.

The teen wants orders halting his trial on grounds his right to a fair trial has been irretrievably prejudiced. Alternatively, he wants an order his trial proceeds before he turns 18.

At the High Court yesterday, leave to bring the action was granted by Mr Justice Richard Humphreys. The leave application, made on notice to the DPP, was not opposed. A hearing date will be fixed later.