A 24 year old Dublin man who denied raping a woman in the city two years ago has been cleared of the charge by direction of the Central Central Court.
Mr Justice Richard Johnson directed the jury to return not guilty verdicts on three charges after legal argument in their absence on the legality of the man's custody in a Garda station.
The accused man had earlier pleaded not guilty to charges of raping the woman on the night of December 12th/13th, 1993, and of sexually assaulting her and attempting to rob her on December 13th, 1993.
Defence counsel Mr Brendan Grogan SC had submitted that his client's statement was inadmissible because he was not in lawful custody when he made it.
He had been held under Section 4 of the Criminal Justice Act (1984) over another matter, and counsel submitted that his further detention in connection with this rape investigation was unlawful.
His earlier detention had been continued without the provisions of Section 4 being properly complied with in relation to this case.
Mr Justice Johnson said the courts had to protect citizens' constitutional rights. The accused man had been held in unlawful custody and that meant his statement was inadmissible.
Prosecuting counsel Mr Patrick Gageby SC said the Director of Public Prosecutions had no evidence to offer as a result.
