Parents to fight ruling on alleged assault

A KERRY couple, whose Down syndrome daughter was deemed unfit to give evidence against a man alleged to have sexually attacked her, are taking their fight to the European Court of Human Rights.

Noel and Ann Kelly from Ballybunion say the Irish justice system is incapable of protecting those with special needs.

The case is also being highlighted by Fine Gael’s Alan Shatter who will attempt to amend Criminal Evidence Act legislation when the Dáil resumes after summer holidays next month. Until the legislation is changed it would remain “open season” for anyone with a perverse sexual view to take advantage of those with special needs, Mr Shatter said.

Laura Kelly, a 22-year-old with Down syndrome, claims she was sexually assaulted during a party at her house in 2006. Her sister is said to have witnessed the alleged assault.

The case was thrown out of court last year after Laura failed a competency test ahead of giving evidence.

The legal ruling on competency comes under the Criminal Evidence Act 1992, which the Kelly family believes is flawed and does not protect people with special needs.

They have decided to do all in their power to have the law changed and are preparing to make a case in the European Court of Human Rights.

Parallel to this, Fine Gael is preparing to introduce a private members’ bill to amend the legislation before the Dáil next month.

Last year, the Kelly family were hoping to have talks with the then justice minister Brian Lenihan, but now their primary objective is to bring the Government to the European Court. The family’s legal team have agreed to fight the case free of charge.

“We are saying that Laura did not have her human rights upheld in the courts in Ireland because she was brought into court as an adult with no special needs and yet she had to take a competency test,” her mother Ann stated.

“In the Irish justice system there is nothing there to allow her to tell her story but she was well able to tell it clearly and consistently.

“There is no one trained in the Irish justice system to deal with someone with special needs, not a judge or a barrister,” she said.

The Department of Justice has said the case is complicated and remained under consideration.