A 19-year-old man charged with raping two girls aged six and seven when he was 14 has failed to get a High Court order prohibiting the DPP taking further steps to prosecute him.
The man is charged with nine offences of sexual assault and rape against the girls during April and May 1995.
In a reserved judgment yesterday, Mr Justice Murphy said the applicant, in the presence of his father, made a statement of admission before gardai. The applicant, girls and parents were referred to the Community Care Service and seen by a social worker. The matter was referred to the National Juvenile Office for consideration.
During the summer of 1995 the applicant and his parents were examined on several occasions by a psychologist. After that they moved to England, having provided an address to gardai.
The following day the psychologist's report and Garda file were sent to the DPP. On September 29th, 1995, recommendations were made to prosecute the applicant for rape and sexual assault.
In June 1998 the applicant agreed to return to Ireland. The State agreed not to seek his return until he had finished a third-level course in July 1998. He came back to Ireland a month later and was charged in the District Court.
With regard to the issue of prejudice relating to the prosecution of the applicant as "other than a young person", it seemed clear he was not prejudiced up to the time he attained the age of 17, Mr Justice Murphy said. It might very well be that there was no prejudice in the applicant not being treated as a young person after the age of 17. The trial judge might take into account all the circumstances and impose a sentence accordingly, he said.