Judge delays decision on where teenage sex-assault trial will be held

A youth will learn next month whether he will face a Circuit Court trial for repeatedly having sex with a 14-year-old girl and sexually assaulting her.

It is alleged the girl was abused by six youths, whose ages range from 17 to 19, on four dates in March and February 2010, at three locations in Co Kildare.

One of them, a 17-year-old boy, who was originally charged in October, appeared again at the Children's Court today.

The teen faces four counts of sexual assault of the girl on three dates last year, and four allegations that he had sex with the under-age complainant.

A decision has yet to be made as to whether he should be tried in the juvenile court or have his case sent to the Circuit Court which has wider sentencing powers.

However, Judge Grainne Malone heard today that the teen's mother is currently out of the country.

The judge said that she would not deal with the issue of jurisdiction “particularly in the absence of the mother”.

She remanded the boy, who was accompanied to his case by an adult sibling, on continuing bail to appear again on a date in January, after his mother returns to Ireland.

The teen's mother had been aware of his court hearing but had gone away for a number of weeks leading another judge, last week, to question whether the youth was entitled to free legal aid. That issue is to also to be dealt with at the teenager's next appearance.

Earlier, the teen was ordered to surrender his passport and not to apply for any other travel documents; he was also warned that he must “not have any contact directly or indirectly” with the complainant or members of her family.

Last week, the Children's Court had ruled that a 17-year-old co-defendant would have his case moved to a higher court.

Four men are also to face trial for having sex with the girl and sexually assaulting her; they are due to be served with books of evidence next month.