Prosecution of childcare worker for assault cannot proceed, court rules

The High Court has ruled that a prosecution for common assault cannot proceed against a childcare worker who was cleared of sexually assaulting a number of children in a creche.

The man, who cannot be named to protect the children involved, was cleared by a jury in 2021 of sexually assaulting a number of children in the childcare facility.

Subsequently, gardaí sought to have him tried in the District Court for common assault on a child at the facility.

He brought a High Court action challenging the jurisdiction of the District Court to hear the case in circumstances where the summons against him for this alleged assault had been withdrawn in that court in September 2018, before the sex assault trial took place.

Can we finally say goodbye to shaming women for letting their hair go grey?

---

Ireland’s women DJs: ‘I don’t need your approval, mate. I’ve been at this a long time’

---

Midlands-North-West: Battle for final seat could end with a small party making a breakthrough

---

Robert De Niro’s raging at Trump outside courthouse was an extraordinary moment in American public life

---

Gardaí had withdrawn the common assault charge in the District Court because they believed it had been added to the indictable sexual assault charges which were to be heard before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.

However, the common assault case had not been added. Gardaí then applied, for what was a third time, to issue a summons over the alleged common assault.

The man’s lawyers argued that once the District Court summons was withdrawn, that was the end of that matter.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The Director of Public Prosecutions (DPP) argued that while the summons had been withdrawn by the prosecution in the District Court, it was abundantly clear that the summary charge was not being dropped.

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 intention to prosecute the man on the summary charge was unambiguous and continued beyond September 2018 when the summons was withdrawn, it was argued.

The DPP also said the summons was brought within time originally and was, therefore, lawfully before the court.

Mr Justice Anthony Barr said it was unfortunate that the DPP had proceeded under a mistaken belief when she made the decision in September 2018 to withdraw the District Court proceedings on the section 2 (common) assault charge.

The DPP “made a deliberate decision” and cannot plead her own mistake, which was not caused by the man, as a means of setting aside the court order made in September 2018, he said.