The case which was the subject of the Supreme Court's striking down of a law in relation to unlawful carnal knowledge has been adjourned for mention by Judge Katherine Delahunt at Dublin Circuit Criminal Court.
Marie Torrens, for the man in the C case, said that it was "quite clear" that section 1 (1) of the 1935 Criminal Law Amendment Act was unconstitutional. She said that the Circuit Criminal Court had no jurisdiction and the Director of Public Prosecutions no further function in the case.
Des Zaidan, prosecuting, asked that the case be adjourned pending the Supreme Court's written judgment in the related Mr A case.
Ms Torrens said the unconstitutionality of the section had been decided in the C case and that the Mr A case had then arisen in relation to unlawful detention.
She said Ms Justice Laffoy had released Mr A and the Supreme Court had overturned that decision. The Supreme Court had made it quite clear in the C case that section 1 (1) was unconstitutional.
She said her client had not pleaded guilty and would have relied on the defence of honest mistake as to age.
When Judge Delahunt said "the matter is in general somewhat in flux" and granted the DPP's adjournment request, Ms Torrens said she would take the matter further elsewhere.
In one of the further five cases before the court, Ms Torrens said that another of her clients was no longer abiding by signing-on conditions attached to his bail as it interfered with his liberty.
Lisa Dempsey, counsel for the DPP in that case, said the investigating garda wanted the accused to sign on. Ms Torrens said she would take the matter to the High Court.