Latest: Questions over why suspect in rape of Spanish teen was not charged while he broke bail conditions

Update 3.23: A solicitor says the suspect in an alleged rape case may not have been charged for a number of reasons.

It follows revelations the 24-year-old man questioned about the alleged assault of a Spanish student in Dublin was on bail at the time for a different offence.

He was questioned, released without charge and a file is being prepared for the DPP.

Solicitor Dara Robinson explains the possible reason for his release.

"The last thing that anyone wants to happen is for somebody to be charged with a serious offence, possibly remand in custody and then the charges dropped for want of evidence.

"So people would want to be pretty sure that the case is going to stick before bringing the charge, and that may be the problem."

Update 12.36pm The Dublin Rape Crisis Centre has said it has to trust Gardaí to investigate cases properly.

CEO of the Dublin Rape Crisis Centre, Noeline Blackwell has said that they can not tell the Gardaí how to do their job.

"There is a report of a horrific crime," she said.

"We have to trust the Gardaí in their investigation of this and we have to believe that the Gardaí will protect as far as they can people from sexual violence but we can not tell the Gardaí how to do their job."

Update 9.52am:The suspect in the rape of a Spanish teenager in Dublin last weekend was reportedly breaking his bail conditions at the time of the alleged attack.

He had previously been granted bail on criminal damage charges on the strict condition he stayed out of Dublin City Centre, ordered by a judge.

Questions are now being raised after the suspect was not charged.

A file is being prepared for the DPP.

Solicitor Dara Robinson has said that there may be a reason for this.

"Well you'd have to say if there was sufficient evidence to put this man on trial, I would have thought he would have been charged," he said.

"I was personally surprised that it was filed to the DPP, I know nothing whatsoever about the case, I have to assume that it is a case of insufficiently of evidence."

The 18-year-old woman told Gardaí she met her attacker on the boardwalk in Dublin City centre before he took her to a tent near Sandymount strand to rape her.

Update 07:46am: It has been revealed that the suspect in the rape of a Spanish teenager in Dublin last weekend was out on bail at the time of the alleged attack.

The 18-year-old told Gardaí she was taken to waste ground near Sandymont beach where she was tied up and subjected to multiple assaults in a tent overnight.

A 24-year-old man was arrested and released without charge in relation to the allegations.

Earlier: Gardaí are awaiting the results of DNA and forensic tests in relation to a multiple rape of a Spanish student, which took place over two days at the weekend, writes Cormac O'Keeffe.

Detectives quickly identified the suspect — who is on bail for an unrelated offence — and questioned him, before he was released pending a file to the DPP.

The 18-year-old student from Spain said she met the suspect on the boardwalk along Dublin’s Eden Quays on Saturday evening. It is understood the suspect started talking to her. She told him she was interested in photography and he suggested taking her to Sandymount beach.

They walked to the nearby Luas stop at Store St and took it to the 3 Arena.

They crossed the East Link bridge and walked along Pigeon House Rd near the old Glass Bottle site.

It is thought he took her to an area near flats and brought her into a tent where he restrained her, it is thought with cables, and raped her repeatedly during Saturday and Sunday.

It is understood he may have subsequently taken her to Sandymount Beach, where he fell asleep, at which stage she sought assistance from a nearby house.

Detectives in Irishtown Garda Station launched an immediate investigation and the crime scene was cordoned off for a forensic examination.

The woman was taken to hospital and received a medical examination.

The suspect, a 24-year-old man, was arrested on Monday morning and questioned by detectives. He was detained under Section 4 of the Criminal Justice Act, which allows for 24 hours’ detention, minus sleep breaks.

Detectives consulted with the DPP and released the man without charge on Tuesday night. This was pending the completion of various forensic and DNA tests.

They have also gathered CCTV footage from the boardwalk area, the Luas and near the Pigeon House.

Gardaí said they were conducting both a sexual assault and a false imprisonment investigation.

The suspect has convictions for violent offences and is currently on bail in relation to an unrelated matter, which is not a sexual crime.

It is understood the woman lives with a host family here. Gardaí notified her family in Spain, who have travelled over to be with their daughter.

This story first appeared in the Irish Examiner

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