Man had been cleared by jury in 2021 of sexually assaulting a number of children in childcare facility
Gardaí had withdrawn the common assault charge in the District Court because they believed it had been added to the indictable sexual assault charges which were to be heard before the Circuit Court.
The man’s lawyers argued that once the District Court summons was withdrawn, that was the end of that matter. It was also argued that the investigating garda was out of time when she applied for the third summons. Therefore, the District Court had no jurisdiction to entertain the prosecution, it was claimed.
The DPP said this step was taken in the District Court because the prosecution thought it had already been added to the indictment pending before the Circuit Criminal Court. The DPP also said the summons was brought within time originally and was, therefore, lawfully before the court.
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