Court to hear State appeal against release of Mr A

The Supreme Court will hear an application by the State on Friday to appeal yesterday's High Court decision to release a 41-year-old man jailed for having sex with a 12-year-old girl.

Mary Harney: Release of Mr A was an

The man, known as Mr A, was released by Ms Justice Mary Laffoy after applying to be freed when the Supreme Court last week struck down the 1935 law on statutory rape as unconstitutional.

Under this law, any man was automatically guilty of a crime if he had sex with a girl under 15.

Ms Justice Laffoy yesterday refused an application by the State for a stay on her order for release, saying she had no jurisdiction to grant such a stay.

Tánaiste Mary Harney told the Dáil this morning she shares the "outrage" at the release of Mr A.

The Government intends to rush emergency legislation through the Oireachtas next Wednesday in the wake of the Supreme Court ruling.

In the Supreme Court this morning Gerard Hogan, for the State, told Chief Justice Mr Justice John Murray there was a very great urgency to fix an appeal date. He said the State had a complex range of grounds for appeal, including the fact that Mr A had pleaded guilty to the charge of unlawful carnal knowledge of the girl.

"I can't press on the court the urgency of this appeal," Mr Hogan said "He can't be released as there is a valid conviction to which he pleaded guilty."

Connor Devaly, for Mr A, said there are two perceptions to the case and that Mr Hogan may have many issues, but he believed the issues are very simple.

Mr Justice Murray said the case was clearly a matter for the priority list and will inevitably raise complex issues. "It's not something that can be rushed, none of these things can be rushed," he said.

He told the State to submit the case today, with the respondent's case to be submitted by lunchtime tomorrow.

Mr A was jailed for three years at the Dublin Circuit Criminal Court in November 2004 after pleading guilty to the unlawful carnal knowledge of a 12-year-old girl on May 18th, 2003.

The case of Mr A is the first of at least six such cases expected to come back to the courts after the Supreme Court ruling.

Additional reporting: PA