DPP to bring new sexual assault charges against 'Mr C'
The Director of Public Prosecutions is to bring new charges against "Mr C", a man who successfully challenged the constitutionality of statutory rape legislation earlier this year.
At Dublin Circuit Criminal Court barrister for the DPP entered a 'nolle prosequi' on the current charges against "Mr C" and five others, and said the DPP intended to recharge them on sexual assault charges.
Today at Dublin Circuit Criminal Court Judge Bryan McMahon was told the DPP's move came following consideration of last May's Supreme Court ruling, that section 1.1 of the 1935 Criminal Law Amendment Act, concerning unlawful carnal knowledge, was unconstitutional.
The defence team is challenging the prosecution's right to take this course of action. It says the Supreme Court ruling meant the only thing the court could do was to make a "no order".
However, lawyers for the DPP said the return for trial as set out in the District Court, and the subsequent indictment against Mr. C was "lawful, proper and valid."
Judge McMahon adjourned his judgement until tomorrow and remanded all the men on continuing bail.


