Garda charged with rape and child cruelty in Donegal faces Central Criminal Court trial

A member of An Garda Siochána who has been charged with rape and child cruelty in Donegal faces a trial at the Central Criminal Court.

The man, who is currently suspended from the force, appeared before Letterkenny District Court on Tuesday afternoon when a book of evidence was served.

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Detective Sergeant Kieran Naughton of the Division Protective Services Unit, based in Sligo, gave evidence of serving the book of evidence on the man, who cannot be named due to the nature of the alleged offences.

Detective Sergeant Naughton said he met with the accused man in the body of Letterkenny courthouse and handed him the book of evidence and endorsed the declaration of service.

State Solicitor for Donegal, Mr Kieran Dillon, told the court that the Director of Prosecutions (DPP) has consented to the man being sent forward for trial to the current sitting of the Central Criminal Court.

The accused man was present in court, but did not speak during the hearing. He was represented by his solicitor, Mr Robert Ryan.

He is accused of two counts of raping a female, offences that are alleged to have occurred in 2021 at an address in County Donegal.

The charges are contrary to section 48 of the Offences Against the Person Act, 1861 and Section 2 of the Criminal Law (Rape) Act, 1981 as amended by section 21 of the Criminal Law (Rape) (Amendment) Act, 1990.

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The man is also charged with three counts of child cruelty between 2015 and 2024, also at a location in County Donegal.

He is charged with being a person having custody, charge and the care of a child did wilfully: assault, ill-treat and neglect the said child in a manner likely to cause unnecessary suffering/injury to the child’s health or seriously to affect her well being.  

The charges are contrary to section 246(1) and (2) of the Children Act, 2001.

The man is also charged that, on a date unknown between April 2021 and April 2022, at an address in County Donegal, he did assault a female, causing her harm. That charge is contrary to Section 3 of the Non-Fatal Offences Against the Person Act, 1997.

Judge Emile Daly noted the DPP’s consent and made an order returning the accused for trial to the Central Criminal Court.

Judge Daly administered the alibi warning and made a section 56 order, relating to recordings of interviews.

Bail was granted to the accused on the same terms and conditions.

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He was granted bail on condition that he: reside at an address approved by Gardai; notify the authorities of any change to his address;’ abide by a safety order that is in place; have no contact, directly or indirectly with any alleged injured parties; and to notify Gardai of any intention to travel outside of Ireland.

Legal aid was granted to Mr Ryan and two legal counsel are to be assigned in the case.