Couple target legal loophole for disabled

A KERRY couple are receiving Europe-wide support in their campaign to close a loophole in Irish law that is failing to support disabled victims of sex offences in court.

Noel and Ann Kelly from Ballybunion are seeking protection for all disabled people after a shortcoming in the 1992 Criminal

Evidence Act meant their daughter, Laura, who has Down syndrome, was forced to give evidence of the same standard as someone without special needs in the trial of a Lithuanian man who was accused of sexually assaulting her in 2006.

Because of the requirement, the judge in the case put Laura through a competency test, which she failed, and, even though her sister was a witness the case was thrown out.

The Kellys have received legal advice on whether they can bring the Government to the European Court of Justice and they have been told it is a case that can be won.

“The barristers are looking at bringing the case through the Irish courts first and if that does not work we will go to Europe,” said Mr Kelly.

“The law definitely has to be changed. Any barrister you talk to will tell you that there is a loophole there.”

He said Independent MEP Kathy Sinnott had already started putting a petition together in the European Parliament on behalf of the family.

“The legal team from the Rape Crisis Centre in Galway are giving us their full support as well,” he said.

Laura remains oblivious to what is happening.

As far as she is concerned, said Mr Kelly, the man who allegedly sexually assaulted her has gone away because she was able to stand up and tell a judge her version of events.

“Laura has not got a clue, which is great,” said Mr Kelly.