One of the five teenagers accused of having sex with a 15-year-old girl at a house in Rathfarnham two years ago may be dealt with under the juvenile diversion programme, Tallaght Court has heard.
The court had heard previously it will be alleged that as the girl was in her bedroom about to have sex with the fourth teen, she heard a male voice outside the room say “get in line”.
The teenagers are charged with having sexual intercourse with a named female child under the age of 17 at an address in Rathfarnham on March 14th, 2014, contrary to Section 3 (1) of the Criminal Law (Sexual Offences) Act, 2006.
The first 17-year-old had previously pleaded not guilty. His case was before Judge John Lindsay on Friday for mention and the two others were before him for their election. All were accompanied by their parents.
The second 17-year-old told Judge Lindsay he was electing for a Circuit Court trial. The third 17-year-old’s solicitor, Padraig O’Donovan, said he had sought a judicial review on the way his client was originally dealt with by the gardaí. He said the review had been refused and it was being appealed. He added the gardaí were considering offering his client the opportunity of having his case dealt with under the JLO scheme. He said a decision was due in three weeks.
Counsel for the first 17-year-old said his instructing solicitor had written to the DPP seeking disclosure on a number of Facebook messages sent concerning the case. He said his solicitor had sent a letter on January 28th last and received no reply.
The solicitor for the DPP said gardaí were currently going through 14,500 pages on Facebook and said the disclosure would be ready in two weeks.
Judge Lindsay made an order that the disclosure should be supplied by March 4th. He heard that a hearing date for the 17-year-old had been set for May. The court had heard previously the 18-year-old and the fourth 17-year-old have elected for a Circuit Court trial.
The court had heard previously it will be alleged that on March 14th 2014, the 15-year-old girl left her home at 7pm and a bottle of vodka was purchased for her in a local Lidl. The girl drank the bottle and friends brought her home at 8.30pm. It will be alleged that five males then took turns to have sex with her. It will be alleged that before she had sex with the fourth male she heard a male outside her bedroom say "get in line".
The girl alleged she was scared and could not “physically say no”.
Judge Lindsay remanded the three 17-year-olds to April 1st.