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Judge to rule on DPP request tomorrow

Four Courts - DPP to replace original charges
Four Courts - DPP to replace original charges

A judge at Dublin Circuit Criminal Court will rule tomorrow on a DPP request to enter nolle prosequis against six men facing charges of having unlawful carnal knowledge of girls under the age of 15.

A Supreme Court judgement earlier this year found the section of the 1935 legislation under which the men were charged was unconstitutional as it did not allow a defence of 'honest mistake' as to a girl's age.

The Director of Public Prosecutions has signalled his intention to enter fresh charges of sexual assault against each of the men.

However, it is understood this will only happen after the current charges are finalised in some form.

The Director of Public Prosecutions wishes to enter nolle prosequis while barristers representing some of the men are requesting that Judge Bryan McMahon simply make no order.

Among the six cases is that of 'Mr C', a 23-year-old man facing four charges relating to alleged offences against a 14-year-old girl. Mr C was 18 at the time of the alleged offences.

Earlier this year he won a Supreme Court case, arguing the legislation under which he was charged was unconstitutional.

His case had been adjourned until today, while the DPP considered the impact of that judgement.