A Romanian man who admitted having sex with a 14 year-old Irish girl has been allowed withdraw his guilty plea as a result of this week's Supreme Court judgement.
Valintan Stan (26), of St Theresa's Garden, Rialto had been due for sentence at Dublin Circuit Criminal Court for having unlawful carnal knowledge of a girl under 15 years in a flat in north Dublin on April 17th, 2003.
Karen O'Connor BL, prosecuting, told Judge Frank O'Donnell that the Director of Public Prosecutions was not proceeding with its unlawful carnal knowledge case as a result of the Supreme Court judgement on the unconstitutionality of these charges.
Det Sgt Smith agreed with Mr Niall Durnin SC, defending, that the girl told Stan she was 18 years old and that the other girls in the apartment had claimed to be 15 and 17.
However, Stan was jailed for four years by Judge O'Donnell for a separate crime in which he kidnapped a man to rob him.
He admitted falsely imprisoning Iosif Chelaru at Clontarf Road on June 27th, 2003, and robbery of €600 cash, bank cards and a phone from him at Sutton Cross, and to stealing €260 cash from Mr Chelaru at the AIB, Artane, on June 28th, 2003.
Judge O'Donnell said his victim, a fellow Romanian national, had suffered considerably as a result of the robbery and he added that a letter of regret from Stan, presented to the court, had little value as he had initially denied any wrongdoing and accused his victim of lying.
Stan, who came to Ireland six years ago and has residency here, had eight previous convictions in this country for road traffic and theft offences.
Det Gda Grainne McDonnell said Stan failed to appear in court in relation to these offences and fled to England where he was arrested. A European Arrest Warrant was issued for him, and he was extradited to Ireland.
Det Sgt Denis Smith earlier said Stan admitted he had sex with a 14-year-old girl while drinking alcohol in a friend's flat with three girls and two other men.