An anonymous letter sent to a school and a DVD of a garda interview with a young girl at the centre of an allegation of under-aged sex, were among items agreed for disclosure in a case at Tallaght District Court on Friday.
Five teenage boys, three aged 16, one aged 17, and one 18, have been accused of having sexual intercourse with a 15-year-old girl at an address in Rathfarnham, Dublin on March 14th, 2014, contrary to Section 3 (1) of the Criminal Law (Sexual Offences Act), 2006.
The court had heard the Director of Public Prosecutions (DPP) directed summary disposal in relation to the three 16-year-olds, meaning the case could be dealt with at District Court level. In relation to the 17 and 18-year-olds, the DPP had directed summary disposal only on a plea of guilty.
The 18-year-old, with an address in Rathfarnham, appeared briefly before Judge Patricia McNamara on Friday. He sat in the witness box, while his parents sat close by in chairs brought in from the lobby.
Gabby Deane BL, for the young man, told the court there had been some issues with disclosure. The judge recalled she had expressed concerns about access to a DVD on which a garda interview with the young girl was recorded.
Access was also sought by the defence to documents, including an anonymous letter sent to a school and notebook entries.
The court was told disclosure issues had since been resolved.
Judge McNamara noted the teenager had turned 18, seven months before he was charged with the offence, and asked whether the case against him should be retained in the juvenile list.
Ms Deane pointed out her client was 16 at the time the offence allegedly occurred and that the other accused boys were still juveniles. She sought to have it retained in the juvenile list.
Solicitor for the State, Una Duggan, said there was a case to argue either way, but she had no issue with it.
Judge McNamara remanded the teenager on continuing bail and adjourned the case to the juvenile list at Tallaght Courthouse at the end of the month, when the young man’s co-accused are also due back in court.
