The DPP has asked that charges against a couple arrested by gardaí in a state of undress in Croke Park be dropped, although the couple had pleaded guilty to trespass.
Gardaí gave evidence that no damage had been caused by the couple's presence in the stadium. While there is an offence of trespass with intent to commit damage, simple trespass is not an offence, according to legal sources.
Mr John Clarke and Ms Sinéad Duffy were charged summarily before Judge James Scally in the Dublin District Court. They pleaded guilty to trespass and paid €500 to the Father Peter McVerry charity.
However, on Monday the DPP advised Judge Scally that the charges had been withdrawn and that they were not guilty of any crime.
The judge adjourned the case to give himself time to consider the DPP's decision and asked the DPP to explain his decision.
Offences of a summary nature are not usually referred to the DPP unless they raise exceptional issues, so there is no mechanism for the DPP's staff to consider the nature of the crime involved and any legal issues raised.
Although the couple pleaded guilty, it is open to them to appeal to the Circuit Court. Given that the DPP has indicated his attitude, it is likely such an appeal would be successful.
Normally a contribution to charity by people charged with a first offence means they receive the benefit of the Probation Act, which means no criminal conviction is recorded against them.
However, a successful appeal would exonerate them.