In Short

A round-up of today's other stories in brief.

A round-up of today's other stories in brief.

Challenge to trial for sexual assault of girl

A man who was charged with sexual assault of a young girl after the State entered a nolle prosequi on a charge of statutory rape has launched a legal challenge aimed at halting his prosecution.

The man is charged with one count of sexual assault in August 2004. He was previously charged with unlawful carnal knowledge and was returned for trial before the Dublin Circuit Court, which was adjourned from time to time pending the decision in the C case.

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Following the striking down of the law on statutory rape after the Supreme Court decision in the C case, the man sought an undertaking from the DPP that he would not be prosecuted for the offence of unlawful carnal knowledge.

Last July, the man was granted leave to bring judicial review proceedings aimed at preventing his prosecution for unlawful carnal knowledge. There was a stay on that prosecution pending the determination of the proceedings.

Last month, counsel for the DPP sought to enter a nolle prosequi in respect of the charge of unlawful carnal knowledge. However, when he left court, the man was arrested and charged with the offence of sexual assault on the same date and same location. It is claimed that the book of evidence is identical to that served in the original prosecution.

The decision in the C case, it is claimed, attracted a substantial amount of media coverage and the man claims he would be deprived of his right to a fair hearing.

Mr Justice Michael Peart yesterday granted him leave to bring judicial review proceedings aimed at halting his trial on the sexual assault charge.

Jailed for driving without insurance

A man has been sentenced to eight months in prison for breaches of immigration laws and for driving a car without insurance, which was involved in a traffic accident.

Kingsley Ozonuwe, no fixed abode, who comes from Nigeria, came to Garda notice on October 3rd when his car was involved in a traffic accident at Western Distributor Road, Galway.

Garda Kieran Quinn told Galway District Court yesterday that Ozonuwe admitted he did not have insurance but he refused to give his address and failed to produce a valid passport or any other identification. He has been in custody since.

Defence solicitor Adrian MacLynn said his client had since given gardaí an international driving licence which proved his identity. He said Ozonuwe had fled Nigeria after being asked to join an illegal sect which would have presented "personal difficulties" for him. He said Ozonuwe fled Nigeria with a friend but he was unable to ascertain how they had made their way to Ireland. He had applied for asylum and an immigration officer visited him at Castlerea Prison.

Judge Mary Fahy said Ozonuwe's stint in prison to date was his own fault for not co-operating.

Judge Fahy sentenced Ozonuwe to a month for not having a driving licence, to five months in prison for failing to produce a valid passport and to three months, concurrent, for failing to present himself to an immigration officer on arrival here. She imposed a three-month consecutive sentence for driving without insurance and disqualified him from driving for 12 months.

Fined for injuries to pedestrian

A scaffolder has been fined €10,000 in Dublin Circuit Criminal Court for failing to take "reasonable care" arising out of serious injuries to a pedestrian three years ago when scaffolding fell on him.

Derek Daly (46), Ballyboden, was found guilty in September of breaching health and safety regulations in relation to Michael McGrath, who was hit by scaffolding which fell over as it was being dismantled in Grafton Street, Dublin, in March 2003. Daly's employer, Paul Byrne (43), Ballyboden, was fined €10,000 last March.