Rape charges against five males, including four teenagers, arising from an alleged multiple rape will be struck out unless the State serves books of evidence on the five by April 23rd. Gordon Deegan reports.
At Ennis District Court yesterday the five, aged 24, 16, two aged 15 and a 14-year-old, made their fourth appearance in court in connection with an alleged multiple rape of a woman in her 30s in the early hours of January 23rd at Cratloe Wood, in south-east Clare.
The five are also charged with the false imprisonment of the male partner of the woman contrary to Section 15 of the Non-Fatal Offences Against the Person Act and stealing car-keys, wallet and mobile phone to the overall value of €250 from the same man.
Addressing the court yesterday, Insp Tom Kennedy said the extensive file in relation to the case was with the Director of Public Prosecutions (DPP) to decide if further charges or amended charges should be brought against the five.
Insp Kennedy said that books of evidence in the case were being prepared.
However, a solicitor for three of the five, Mr Ted McCarthy, told the court all five had been in custody since January 23rd, and with four of the accused being young persons, it made it more urgent on the State to serve the books of evidence.
Judge Joseph Mangan said he would make the serving of the books of evidence on April 23rd peremptory against the State, which means if the State cannot produce the books of evidence on that date, the charges will be struck out.
Gardaí have the option of rearresting the accused and beginning the process once more. In response to making the adjournment peremptory against the State, Insp Kennedy said to Judge Mangan: "I would ask you not to do that."
However, Judge Mangan made the order and remanded the five in custody to reappear at Ennis District Court on April 16th for the matter to be mentioned and the books of evidence to be before the court on April 23rd.
No application for bail for any of the five was made yesterday.
The 14-year-old boy and one of the 15-year-olds were further remanded to Trinity House in Dublin.
The second 15-year-old is considered "unruly" and was further remanded to St Patrick's Institute. The 16-year-old was also remanded to St Patrick's Institute, while the 24-year old was further remanded to Limerick Prison.