Two men jailed for statutory rape went to the High Court yesterday seeking their immediate release from prison, in light of the Supreme Court decision last week striking down the 1935 law on statutory rape.
One of the men, Simon Murphy (53), is serving an eight-year sentence, while the second, Joseph Sherwood (19), is serving an 11- month sentence.
Both applications were adjourned to facilitate today's Supreme Court appeal against a High Court order on Tuesday which directed the release of a 41-year- old man, Mr A, who was serving a three-year sentence for the statutory rape of a 12-year-old girl.
Ms Justice Mary Laffoy had directed the release of Mr A on the ground that the crime of which he was convicted did not survive the enactment of the Constitution in 1937 and therefore he was unlawfully detained.
The Supreme Court appeal against Ms Justice Laffoy's decision will be heard by a five-judge court this morning, but it is unclear whether the court will deliver judgment later today or on another date.
The State's appeal arises after a five-judge Supreme Court decided unanimously on May 23rd that section 1 (1 ) of the Criminal Law Amendment Act 1935 is unconstitutional.
That provision made it an automatic crime for a man to have sex with a girl under the age of 15.
A second provision of the same 1935 Act, section 2, which outlaws sexual assaults on girls between 15 and 17, is also being challenged in High Court.
The proceedings were adjourned by the president of the High Court, Mr Justice Joseph Finnegan, yesterday afternoon.
The challenge is being brought by a man serving an 18-month sentence on section 2 offences.
Earlier yesterday, Colm Smyth SC applied to Mr Justice Barry White for the release under Article 40 of the Constitution of Joseph Sherwood (19), Grange, Edenderry, Co Offaly.
He was jailed last February after admitting the statutory rape of a 15-year-old girl in September 2004.
Sherwood, who claimed the intercourse was consensual, was sentenced to 11 months "hard labour" in St Patrick's Institution and is due for release next September or October.
The second release application was made about 12.20pm before Mr Justice John Quirke by counsel for Simon Murphy, who is serving eight years, with the last two years suspended, on counts of unlawful carnal knowledge and sexual assault.
Murphy, Ramsgrange, New Ross, Co Wexford, was jailed in June 2002 for three years on the sexual assault charges and five years on the unlawful carnal knowledge charges, both sentences to run consecutively, with the final two years suspended, making a total sentence of six years.
Both judges ordered that both applicants be produced before them later yesterday afternoon, when the State sought an adjournment of both cases to next Wednesday to enable the situation in relation to the implications of the Supreme Court judgment on statutory rape law to be clarified by the Supreme Court.
Counsel for both Sherwood and Murphy opposed the adjournments, but Sherwood's case was adjourned to 4pm today and Murphy's to Wednesday.
