State and Mr A to share costs for landmark case

THE man at the centre of the Mr A case yesterday failed in his bid to have the State pay his legal costs for his challenge to his continued detention after the landmark Supreme Court decision which struck down the law on statutory rape.

Five judges of the Supreme Court yesterday decided to make no order as to costs in the case which means Mr A and the State will have to fork out for their own legal bills.

Mr A was at the centre of legal history a number of months ago when he challenged his continued detention at Arbour Hill prison — where he was serving a sentence for statutory rape — after the Supreme Court’s declaration that the 1935 law on statutory rape was unconstitutional.

The 41-year-old man who is serving a three-year sentence had sought his freedom when the law that convicted him was declared unconstitutional last May.

The State appealed against a High Court ruling which said that in the wake of the Supreme Court striking down, Mr A’s continued detention was unlawful.

In a major decision the Supreme Court overturned the High Court ruling and ordered the re-arrest of Mr A.

Counsel for the State Gerard Hogan SC applied for the costs of both the High Court and Supreme Court hearings. Counsel for Mr A also applied for all costs.

Chief Justice John Murray, presiding, said the court would make no order as to costs.