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Two teenagers accused of attempted rape in NI have charges withdrawn

At Belfast Youth Court the PPS was granted permission to end criminal proceedings against the defendants
At Belfast Youth Court the PPS was granted permission to end criminal proceedings against the defendants

Two teenagers accused of attempting to rape a schoolgirl in Ballymena, Co Antrim are to have the charges withdrawn, a judge has ordered.

The Romanian boys, aged 14 and 15, have been held in custody since the alleged sexual assault which led to sustained racially-motivated rioting in the town during the summer.

But at Belfast Youth Court, the Public Prosecution Service (PPS) was granted permission to end criminal proceedings against the defendants based on "significant evidential developments".

Both teenagers will now be released from the juvenile detention centre where they have been held for more than five months.

The pair were jointly charged with the attempted rape of the girl on 7 June this year.

A third youth suspected of involvement in the alleged attack is believed to have fled to Romania the following day.

None of the accused can be identified because of their ages.

Previous courts heard claims the girl had been dragged down an alleyway into a garage in the Clonavon Terrace area of Ballymena.

She managed to escape when the three teenagers were disturbed by a noise outside and ran off, it was contended at the time.

Racial violence erupted in the town following the alleged incident before spreading to other parts of Northern Ireland.

However, in an unexpected development, a formal application was made to halt the case against the two defendants.

'Significant evidential developments'

A lawyer for the PPS told the court it has a duty to keep prosecution decisions under consideration and take into account any change in circumstances.

"Where new information or evidence becomes available, it will be considered along with all existing information and evidence in the case and the test for prosecution applied," she said.

"We have recently been made aware of significant evidential developments in this case, and in light of this new evidence it has been determined that the test for prosecution is no longer met on evidential grounds.

"Therefore the case should not proceed."

Representatives from the prosecution and police investigation teams have met with the complainant and her family to explain the reasons for the decision, the court was told.

The two teenage accused, represented by barristers Conn O'Neill and Victoria Loane under the instructions of O’Neill Solicitors, did not appear during the brief hearing.

However, Mr O’Neill raised no objection to the application.

"The sooner this can be relayed to Woodlands (Juvenile Justice Centre), the sooner these two youths can be released," counsel said.

"They have been detained since the outset."

Granting the order sought by the PPS, District Judge George Conner said: "I’m aware this is a very sensitive case, but the matters are now marked withdrawn. The less I say about it the better."

'Test for Prosecution is no longer met' - PPS

In a statement, a PPS spokesperson said: "The PPS has a duty to keep prosecution decisions under consideration and take into account any change in circumstances that occurs as the case proceeds.

"Where new information or evidence becomes available, it will be considered along with all the existing information and evidence in the case and the Test for Prosecution applied.

"We have recently been made aware of significant evidential developments in this case. In light of this new evidence, it has been determined that the Test for Prosecution is no longer met on evidential grounds, and therefore the case should not proceed.

"All PPS decisions in this case were taken independently, impartially and in line with the Code for Prosecutors."

PSNI urges victims of sexual crimes to come forward

Detective Chief Inspector Stephanie Finlay from the PSNI's Public Protection Branch said: "Any reported sexual crime is taken extremely seriously and thoroughly investigated by our specially trained team of detectives.

"The Police Service of Northern Ireland will follow up on all lines of enquiry as we seek to ensure justice.

"Information gathered during an investigation will be submitted to the Public Prosecution Service who then make an independent decision in accordance with evidential tests.

"We continue to encourage those who have been victims of sexual crimes to come forward and report to us."