One of two boys accused of rape at racecourse unable to attend Cork trial after being hospitalised

It comes a week after two members of the jury were taken ill while in court

The judge told the jury that they hope to proceed tomorrow morning, File picture: Larry Cummins

A 13-year-old boy accused of raping a 16-year-old girl at a Christmas race meeting in Limerick has been hospitalised and the trial could not go ahead on Tuesday.

One week ago in the same trial two members of the jury were taken ill while in court and one of them had to be taken to hospital by ambulance.

One juror fainted very shortly after the case commenced on March 18. A short time later another man on the jury became ill and had to be taken to hospital.

Dr Aoife Fanning, a GP who was giving evidence as part of her role as a Sexual Assault Treatment Unit examiner, provided medical assistance to both jurors at different times in the course of the morning/early afternoon.

Mr Justice Paul McDermott sent the whole jury away in the afternoon and the trial resumed the following day after one of the jurors was discharged and the case proceeded before a jury of nine women and two men.

On Tuesday the 13-year-old accused (who is now aged 15) was not present in court for the case.

Mr Justice McDermott explained to the jury: “You can see (defendant’s name) is not with us. Medical issues have arisen with respect of him. He is in hospital at the moment. 

We cannot progress until that is clarified. It is important that it would be clarified.

“At the moment we cannot do any business today due to events. We have to await the outcome of his review and hopefully proceed tomorrow morning (March 26).” 

The absent defendant and a co-accused who was 15 at the time and is now 17 are both charged with raping and sexually assaulting the teenager at a St Stephen’s Day 2022 race meeting at Limerick racecourse. A third boy is accused of aiding and abetting the first two defendants in carrying out these offences and he is also charged with falsely imprisoning the girl.

It is alleged that the contested incidents occurred in a car in a field car park at Limerick racecourse at Patrickswell, County Limerick, on December 26, 2022. All three accused have pleaded not guilty to the charges against them.