Murphy caseA man jailed for eight years for the statutory rape of his younger sister and other charges relating to three other women is entitled to immediate release following the Supreme Court decision striking down that rape law, his lawyer told the High Court in Dublin yesterday.
However, on the State's application, Mr Justice John Quirke adjourned to Wednesday next Simon Murphy's application for release from prison.
A father of four, Murphy (53), Ramsgrange, New Ross, Co Wexford, pleaded guilty in 2002 to several counts of sexual abuse and unlawful carnal knowledge over 25 years. One of his four victims was his younger sister. He was jailed for eight years with the last two years suspended and was due for release in December.
He was brought before the High Court yesterday when his lawyers asked the court to hold an inquiry in to the legality of his detention under Article 40 of the Constitution in light of the overturning of the law on statutory rape and the freeing last Tuesday of another man, Mr A, jailed on that charge.
Seeking an adjournment "in the interests of justice", Gerard Hogan SC, for the State, said the count of unlawful carnal knowledge under section 1 (1) of the Criminal Law Amendment Act 1935 was in relation to Murphy's sister who had at previous hearings waived her anonymity.
Mr Hogan said Murphy must have known the age of his sister and could not have put forward a defence as to mistake about age.
Murphy could not be allowed to march through the gap left in the law in the wake of the Supreme Court decision which struck down the law on statutory rape, Mr Hogan said.
He asked for an adjournment of the case to allow the State to prepare for the case and in light of the State's appeal to the Supreme Court relating to the striking down of the statutory rape law.
There were questions of far reaching importance in this case and in the interests of justice, in the name of the public and in the interests of the victim, the State should be given an opportunity to file an affidavit, Mr Hogan said.
Liam Stafford, for Murphy, said section 1 (1) had been struck down "full stop" by the Supreme Court last week and Murphy's detention in Wheatfield Prison was no longer in accordance with law.
Mr Justice John Quirke said all Article 40 applications must be heard speedily but it was not mandatory for them to be heard immediately. The issues were of profound importance and he was satisfied that Murphy would suffer no injustice if the case was adjourned to next Wednesday.
It was an exceptional case and required an adjournment. He remanded Murphy in continuing custody to Wednesday next.