A woman who was allegedly attacked by the son of a foreign diplomat living in Ireland has called on the Minister for Foreign Affairs to intervene after the suspect claimed diplomatic immunity from prosecution.
While the Director of Public Prosecutions (DPP) has yet to officially decide if charges should be pursued, the 20-year-old victim said gardaí have told her the case will not reach the courts.
Christina Leech-Cleary, a Portmarnock woman studying at Trinity College Dublin, said the man grabbed and groped her chest on an afternoon last October and she screamed and struggled free. The attack took place close to Herbert Park, Donnybrook, Dublin 4, Ms Leech-Cleary said, and gardaí were on the scene within minutes.
"They did absolutely everything they could for me. I'd have absolute confidence in them after the way they acted but they've told me that it's out of their hands and that it won't go anywhere." Reliable Garda sources have confirmed a prosecution is unlikely.
The suspect is the adult son of a foreign diplomat based in Ireland who lives with his parents in south Dublin. He was arrested and interviewed about the alleged attack.
Shortly after the Garda investigation began the suspect claimed diplomatic immunity through his father. Under the Vienna Convention on Diplomatic Relations immunity from prosecution applies to all offences.
The sending country can waive the diplomatic immunity leaving their ambassador or family members eligible for prosecution.
The Irish ambassador to the country of which the suspect is a national could lobby the authorities there to waive the man's immunity here.
Minister for Foreign Affairs Dermot Ahern could act similarly, either through the embassy here or by a direct approach to the foreign government. Asked if she would like Mr Ahern to pursue that avenue, Ms Leech-Cleary said: "It would be something I think should be done."
The department said it could not comment on the case. A spokeswoman said the matter was still with the DPP.
Under the Vienna Convention on Diplomatic Relations the child of a diplomat can claim diplomatic immunity from criminal prosecution in their host country if they are under 21 years and unmarried or under 25 years and in full-time education.
They can also claim immunity if they are over 25 and are dependent on and permanently reside with the diplomat. According to the Department of Foreign Affairs, this covers elderly parents or adult children with a mental or physical disability.
The Irish Timesunderstands that the suspect in Ms Leech-Cleary's case falls into the latter category. He is understood to be mentally impaired and resides with his parents.
His parents have presented the authorities here with paperwork to verify that their son lives with them and is fully dependent on them.