Woman wants to tell court of sex assault
Ballybunion couple Noel and Ann Kelly are the parents of a woman with Down Syndrome who was deemed unfit to give evidence against a man she claimed sexually assaulted her and now they are bringing the matter to the European Court of Human Rights.
Noel and Ann believe that the Irish justice system is flawed and is incapable of protecting those with special needs and are therefore taking their fight to Europe. Almost two years ago, a man was charged with the sexual assault of Noel and Ann’s daughter, Laura, in Navan, where some of her siblings live.
The prosecution claimed that the man had sexually assaulted Ms Kelly, who was aged 19 at the time. The man was charged with sexual assault under section two of the Criminal Justice Rape Amendment Act, 1990, as amended by the Sex Offender Act of 2001.
The case was to proceed in the Central Criminal Court in Dublin at the beginning of October last year, but was halted when Laura failed a competency test and the court ruled that she was mentally unfit to give an accurate account of what happened.
Laura’s family, who live in Ballybunion, are now hoping the European Court of Human Rights may direct a change in the laws here so that her evidence can be entered as admissible in a full trial of the case.
Her mother, Ann, said the court system’s failure to try the accused on these grounds has prompted the couple to take the matter to Europe.
“Laura went into court as an adult and not as a person with special needs and what we’re arguing is that by making Laura take a competency test her human rights were not upheld,” Ann told the Kerryman.
“People are under the illusion that because she has Down Syndrome she wouldn’t really know what happened to her.” By taking the case to the European Court of Human Rights, the Kellys are hopeful that the laws will be changed and perhaps even a trained team of gardaí, barristers, solicitors and judges will be put in place here to deal specifically with people with special needs.
“Were just ordinary people and we can see the flaws and so can so many other organisations like Down Syndrome Ireland, Inclusion Ireland and the Rape Crisis Centre, who have been so supportive,” she said. “The matter is now with our barrister in Brussels so all we can do is wait for him to build the case and pray to God that something good will come of this.”
