Application to transfer case from Carrick to Dublin

An application to transfer a sexual assault case from Carrick-on-Shannon Circuit Court to Dublin was refused by Judge John Aylmer last week.

Defence barrister Joseph Mulrean said it would be “unjust not to transfer the matter” which was the subject of a recent jury case that was dismissed.

A new trial is being prepared and the defence put forward that it would be fairer if the case was tried by a jury in Dublin who are not familiar with the case.

The prosecution argued against the transfer and noted the local publication of the case by the Leitrim Observer was “fair and balanced,” the defendant or the victim were not named or identified in any way.

Donal Keane BL said “there is no significant risk of prejudice.” Mr Keane also pointed out the waiting time in Dublin is very long.

Judge Aylmer said the high threshold to be met by the accused for a transfer of the case was not met.
“I am not satisfied of the injustice.”

He said the court would allow for some “fade time” before the case is heard again so any details of the case can fade from the memory of the public.