One of five boys accused of sex with girl (15) opts for trial by jury

One of the five teenage boys accused of having sex with a 15-year-old at her home has opted to have a trial by jury at the Circuit Court, a judge at Tallaght District Court was told on Friday.

A second of the boys has opted to have his case heard at the District Court, judge Bridget Reilly was told.

Under legislation, for certain offences that might normally require a jury trial, a minor can opt to be tried before a jury at the Circuit Court or at District Court before a judge only, provided the judge accepts jurisdiction.

The five boys, three aged 16, one aged 17 and one 18, have been accused of having sexual intercourse with a 15-year-old at an address in Rathfarnham, Dublin on March 14th, 2014, contrary to Sec 3 (1) of the Criminal Law (Sexual Offences Act) 2006.

On Friday, each of the accused came in to court separately, with either one or both parents. The judge warned of the necessity of having both parents present for each appearance.

A lawyer for the 17-year-old told the judge his client had opted for having the case against him heard at the Circuit Court. The judge adjourned that case until April and remanded the teenager on continuing bail.

Counsel for one of the 16-year-olds said his client had elected to have his case heard at the District Court and was pleading not guilty. He said “realistically” the case would have to be heard at the Criminal Courts of Justice.

The court was told the case could take five to seven days and video link facilities would be required. The judge suggested it could be ready to be dealt with in April or May. She put the case back for mention in February.

The remaining teenagers have not yet elected which court their case will be heard in.

A lawyer for the second 16-year-old said there were disclosure issues to consider. His case was adjourned to February.

And a lawyer for the third 16-year-old said disclosure of documents in the case had only been made this week and his client had only spoken to his barrister on Thursday night.

He had not yet made his decision about which court to opt for, the lawyer said. His case was also adjourned until February.

A lawyer for the 18-year-old said there were still outstanding disclosure issues in her client’s case. They had not yet been given a copy of an anonymous letter, that was sent to an unnamed school.

The judge was told the letter was no longer in the school’s possession as it had been discarded.

Gardaí would be getting statements from the school guidance counsellor and the principal on the matter, the court was told. The teenager was remanded on continuing bail for three weeks.