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Child rapist freed 'by mistake'
31/05/2006 14:59  - (SA)  

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  • Dublin - Ireland plans to rush new laws on rape through parliament next week after a Supreme Court ruling left open a loophole that allowed a man convicted of raping a 12-year-old girl to be freed.

    The Supreme Court ruled last week that a 1935 law on statutory rape, under which any man who has sex with a girl under the age of 15 is automatically guilty of a crime, was unconstitutional.

    A 41-year-old man known only as 'Mr A', who was jailed in 2004 after he admitted having sex with the underage girl, applied for release from prison following the ruling. The High Court judge who granted his release on Tuesday said the Supreme Court's ruling made his detention unlawful.

    Mr A's release has caused uproar in Ireland, with a deluge of calls to national radio and angry scenes in parliament.

    Furious politicians demanded to know how Minister for Justice Michael McDowell could have allowed this situation to develop.

    "Thanks to your breathtaking incompetence, Mr 'A' has walked and so might Mr B, C, D, E and F," said Enda Kenny, leader of opposition party Fine Gael.

    Prime Minister Bertie Ahern said he hoped to have new legislation drawn up by the weekend to close the loophole and would recall parliament - which was not due to be in session next week - to pass the legislation if required.

    The Department of Justice said a legal team for the state would ask the Supreme Court on Wednesday morning to appeal the High Court's judgment on Mr A.

    - Reuters



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