Two of the five teenagers accused of having sex with a 15-year-old girl at a house party in south Dublin have been remanded for a week by Tallaght Court.
The two 17-year-olds, both with addresses in Rathfarnham, 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.
Two weeks ago, their co-accuseds, an 18-year-old, 17-year-old and 16-year-old were sent forward for trial to the Circuit Court.
The two 17-year olds were before Judge Bridget Reilly this morning for mention and for their election respectively.
The court had heard it will be alleged that on March 14th, 2014, the injured party who was 15 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 8.30 as she was drunk. It will be alleged that an impromptu house party occurred at the house and that five males had 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 injured party alleges that each of males had pulled down her leggings and underwear and had sex with her individually. She alleged that she was scared and could not “physically say no”, the court had heard.
A hearing date had previously been set in May 16th next in Criminal Courts of Justice for the first 17-year-old. His attendance had been excused and he was represented by lawyer, Anna Bridgeman.
Solicitor for the DPP, Ronan O’Neill, asked for the hearing date in May to be vacated as the injured party will be sitting her Leaving Cert exams.
Ms Bridgeman objected to the application. She said her client would be turning 18 in December and he was entitled to have the case dealt with promptly.
She said the application had been made at too short notice.
Judge Reilly said the court should have been made aware of the state’s application before as a hearing date had been set and it was “a terrible waste of resources”.
Judge Reilly said she would vacate the hearing date as she did not want to put the injured party under pressure before she has to sit her exams.
The second 17-year-old was accompanied by his mother.
His lawyer, Padraig O’Donovan, told Judge Reilly that he was awaiting a decision in four weeks on whether the case could be dealt with under the juvenile diversion programme.
Judge Reilly remanded both teenagers on continuing bail to April 22nd for mention and to set a new hearing date.