Boy, 13, found guilty of raping and sexually assaulting girl, 16, at Limerick racecourse

Jury will on Tuesday continue their deliberations in respect of the other two accused

The 11 jurors were asked if they had reached a verdict on any counts and it emerged they had reached guilty verdicts against the first defendant on the indictment. Picture: Larry Cummins

The 13-year-old boy who denied raping and sexually assaulting a 16-year-old girl at Limerick Races was found guilty on both charges at 5pm on Monday.

The 11 jurors were asked if they had reached a verdict on any counts and it emerged they had reached guilty verdicts against the first defendant on the indictment.

Their verdicts were a majority 10-1 decision on both counts.

At the outset of their deliberations, they were told in effect they were dealing with three separate trials as there were three defendants in the case.

Mr Justice Paul McDermot told the jury to return to the Central Criminal Court sitting in Cork on Tuesday to continue their deliberations in respect of the other two accused.

After 3pm on Monday, they requested a transcript of the cross-examination of the Sexual Assault Treatment Unit doctor who examined the 16-year-old complainant.

There was no difficulty with a transcript of evidence being supplied to the jury and Mr Justice McDermot directed this to be done.

On their first day of deliberations on Friday, they had another request to re-hear some of the evidence, namely the video-recording of the interview with the complainant shortly after the alleged incident.

The remaining case for the jury relates to a 15-year-old boy accused of raping and sexually assaulting the same 16-year-old girl at a Christmas race meeting in Limerick. The other boy is accused of aiding and abetting them and falsely imprisoning the girl.

Mr Justice McDermot told the 11-person jury at the outset of their deliberations there was no time constraint on them and they should take as much time as they needed.

During the closing speeches by the prosecution and the defence lawyers and in the judge’s charge to the jury, they were told in effect they should think of the case as three trials as there are three different defendants, and the cases are simply being held together as a matter of convenience.

The judge addressed the two men and nine women of the jury on legal principles pertaining to the case and also summarised evidence which they heard since the trial commenced on March 11.

One of the 12 jurors sworn in on that date became ill during the trial and was discharged from hearing the case against three teenagers.

It is alleged the contested incidents occurred in a car in a field car park at Limerick racecourse at Patrickswell, Co Limerick, on December 26, 2022.

Dean Kelly, prosecution senior counsel, said the three defendants acted as a group in carrying out the offences with which they are charged. 

Defence senior counsels, Tom Creed, Vincent Heneghan and Brian McInerney, for the three defendants, said the prosecution had not reached the point of proving any of the counts beyond reasonable doubt. The defence also said by the complainant’s own account, she did consent to some interaction that afternoon. They argued while the prosecution said it was consent up to a point, it was not clear where that point was.

The disputed events in the car relate to a period of somewhere between 20 and 40 minutes, the prosecution allege.