Saturday 10 December 2016

Three of five teens accused of having sex with girl (15) at house party sent forward for trial

Eimear Cotter

Published 01/04/2016 | 13:51

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Three of the five teenagers accused of having sex with a 15-year-old girl during an impromptu house party two years ago have been sent forward for trial.

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It will be alleged that when the girl was in her bedroom with one of the accused teens, she heard a male voice say outside "get in line", a court previously heard.

The court previously heard that the 15-year-old girl will allege each of the males pulled down her leggings and underwear and had sex with her individually. She alleged she was scared and could not "physically say no".

The five teens, one who is aged 18 and four who are 17 years old and all with addresses in Rathfarnham, are charged with having sexual intercourse with a female child under the age of 17 at an address in Rathfarnham on March 14, 2014.

In relation to the 18-year-old and two of the 17-year-olds, they are facing trial in the Circuit Court after they pleaded not guilty to the charges.

State solicitor Michael Durkan told Tallaght District Court the book of evidence was ready and had been served on the three accused, who go forward to the next sittings of Dublin Circuit Criminal Court.

Judge Bridget Reilly gave the teens the formal alibi caution, warning them they had 14 days to provide to the State details of anyone they proposed calling as witnesses in their defence.

Judge Reilly assigned a solicitor and a junior counsel on free legal aid to each of the three accused.

Defence lawyer Gabby Deane applied for a senior counsel given the seriousness of the charge but Judge Reilly said that application can be made before the Circuit Court.

In relation to a third 17-year-old, defence lawyer Conor McKenna said he is awaiting disclosure of Facebook messages and counselling notes and he is awaiting a response from the State on that matter.

A date has been reserved in the Criminal Court of Justice for the hearing of the case against the third 17-year-old.

Mr Durkan said Facebook messages will be furnished to the accused's legal team within the next week, but gardai will have to speak to the injured party about the release of medical notes.

Mr McKenna said he was aware the medical notes may be privileged and he was awaiting a formal response from the State in relation to this.

The court heard a fourth 17-year-old may be dealt with under the juvenile diversion programme, and gardai said they should have a decision on that matter within two weeks.

His solicitor Padraig O'Donovan said he had sought a judicial review on the way his client was originally dealt with by the gardai. He said the review had been refused and it was being appealed and the appeal was due to be heard in two weeks.

Judge Reilly remanded the fourth 17-year-old on bail to later this month.

In relation to the allegations, the court heard previously it will be alleged the 15-year-old victim left her home at 7pm and a bottle of vodka was purchased for her in a local supermarket. She drank the bottle and friends brought her home at 8.30pm as she was drunk.

It will be alleged an impromptu party occurred at the house and five males had sex with her. Prior to her having sex with a fourth teen, it will be alleged that she heard a male outside her bedroom say "get in line".

The victim alleges each of males pulled down her leggings and underwear and had sex with her individually.

She alleged she was scared and could not "physically say no", the court heard previously.

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