McDowell, AG and DPP face scrutiny over role

THE three most senior legal figures in the State now face intense scrutiny over their respective roles in the case that led to the section of the 1935 Act outlawing statutory rape of under 15s being struck down.

The Government yesterday came under renewed attack for the “information deficit” that resulted in a situation where Justice Minister Michael McDowell and Attorney General (AG) Rory Brady had “no inkling” of the case until the Supreme Court delivered its judgment.

Questions were also asked about the channels of communication between the office of the Director of Public Prosecutions, James Hamilton, and the Department of Justice and AG’s office.

Ministers have resisted calls for a full investigation into the communication failures that left Mr McDowell and Mr Brady completely unaware of the upcoming case.

A succession of interviews by ministers yesterday did little to bring clarity to the confusion about who knew about it and when; or whether or not the Justice Minister and AG knew.

The case involved a 19-year-old man, known as CC, who had sexual intercourse with a 13-year old girl. In November 2002, he challenged Section 1(1) of the Criminal Law Amendment Act 1935 on the grounds that it did not allow a defence of honest mistake about her age.

His challenge was rejected in both the High and Supreme Courts. However, the Supreme Court adjourned the case to hear arguments about whether that section of the Act was consistent with the Constitution. It held that it was unconstitutional on Tuesday of last week.

Interviewed on RTÉ yesterday, Finance Minister Brian Cowen refused to give an opinion on whether or not Mr McDowell and Mr Brady have been aware of the case and also rejected the suggestion an official inquiry should be held.

Mr Cowen said both knew about the original High Court case in July 2004. But Mr McDowell told the Seanad the previous evening he had been unaware of the High Court judgment and did not learn about the case until last week.

In the Dáil, opposition leaders grilled Tánaiste Mary Harney on the inconsistent accounts given by her and by Mr McDowell.

Mr McDowell and the Taoiseach both said earlier this week that the DPP had sole carriage of the case. However, the following day, Wednesday, the Tánaiste confirmed the AG’s office had also been involved.

And she also conceded the Department of Justice had been made aware that a legal challenge was being mounted in November 2002 and again in December 2002. Mr McDowell had said on Tuesday that neither he nor his senior officials had been aware of the case until last week.