Young man faces Central Criminal Court trial on rape, sexual assault charges

A young Inishowen man accused of rape and sexual assault has been sent forward for trial to the Central Criminal Court in Dublin.

A Book of Evidence was served on the man, who cannot be named at this stage, when he appeared before Carndonagh District Court.

The man is now aged in his early 20s, but he was a teenager when the alleged offences against a named female took place on a date unknown between January 17 and January 23, 2022.

He faces one charge of rape contrary to Section 4 of the Criminal Law (Rape) (Amendment) Act 1990, and one charge of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990, as amended by Section 37 of the Sex Offenders Act 2001.

Detective Garda Joe English told Carndonagh District Court how he had served the Book of Evidence on the accused, who did not speak during the brief hearing.

Sergeant Emmet Brady said the DPP has consented to the accused being sent forward for trial to the current sitting of the Central Criminal Court, pursuant to Section 4 (a) 2 of the Criminal Procedure Act 1967, on two charges, as set out in the statement of charges in the Book of Evidence.

Inishowen District Court Judge Eiteain Cunningham noted how the Book of Evidence had been served and how the Director of Public Prosecution had consented to the defendant being sent forward for trial in Dublin.

“I now must give you the alibi warning,” the judge said. “If you intend to rely on alibi evidence in the defence of your case at the Central Criminal Court, you must first give written notice to the State Solicitor within fourteen days of today’s date.”

Judge Cunningham then made an order returning the man to the present sittings of the Central Criminal Court. She also made a Section 56 order, directing that all video copies of Garda interviews be disclosed to the defence.

Defence solicitor Patsy Gallagher applied for Legal Aid for himself, as well as for a Junior Counsel and a Senior Counsel, “given the nature of the charges” against his client.

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Mr Gallagher said his client was “absolutely” a suitable candidate for Legal Aid, when queried about the matter by the judge.

The accused man was released on bail “on the same terms” and there was no Garda objection to this. He signed a bail bond before leaving the courtroom.

Judge Cunningham said a publication order, precluding the naming of the man, would remain in place.

“And that is to protect the identity of the alleged injured party,” she said.