Man linked to 'C case' has new charges dropped

The DPP has dropped new charges against one of six men previously accused of unlawful carnal knowledge.

The 29-year-old man, with an address in Dublin city centre, had originally been charged with statutory rape until the Supreme Court "C case" ruling last summer.

It ruled that Section 1.1 of the 1935 Criminal Law Amendment Act, concerning unlawful carnal knowledge, was unconstitutional as it did not allow a defence of honest mistake about age.

He was one of six men, including Mr C, who brought the Supreme Court challenge, and who were rearrested and recharged with sexual assault after the original charge of unlawful carnal knowledge was dropped.

Yesterday, in the Dublin Circuit Criminal Court, Dominic McGinn, prosecuting, told Judge Patricia Ryan just before a jury was due to be sworn in for the trial that he had been instructed by the DPP to enter a nolle prosequi on all charges against the man, who cannot be named for legal reasons.

The new charges against the man were not read out in court.

Judge Ryan told the man he was free to go following an application by defence counsel, Michael O'Higgins SC, that his client be discharged from the indictment.

A legal source said cases where the DPP had brought new charges against men previously charged with statutory rape would be decided on a "case by case" basis.

The source added it did not indicate that nolle prosequi would be brought in all circumstances.

The law relating to statutory rape was thrown into turmoil in May last year when Mr C brought a successful constitutional challenge.

While the law was changed after the Supreme Court challenge, it could not be applied retrospectively to anybody who had been previously charged with unlawful carnal knowledge.

In November, the DPP asked the Dublin Circuit Criminal Court to discontinue unlawful carnal knowledge proceedings against Mr C and five others. However, the DPP said it would be bringing new charges.

All six men, including the man who was subject to the nolle prosequi yesterday, were rearrested and charged with sexual assault offences the day after the original charges were dropped against them.

Cases involving the five remaining men, including Mr C, are due to come before the courts between now and February.