Brothers charged with rape in Kildare sent forward for trial
Naas Courthouse
TWO brothers who are accused of multiple rapes against a pre-teen female relative were sent forward for trial to the Central Criminal Curt separately this week.
The two brothers, now aged in their 20s and both of the same address in a neighbouring county, are accused of 19 sample counts of rape on the child at an address in Kildare on dates unknown between 1 January 2015 and 30 April 2016. The allegations began to surface back in 2022, the court had learned at their hearing in early February.
This week like before, only the older of the two siblings appeared in court to be formally presented with his book of evidence, and it was left to barrister Mark Gibbons to explain the absence of the younger brother.
Mr Gibbons told Judge Desmond Zaidan that he was standing in for solicitor Cairbre Finan, who was on his feet in a Carlow court.
He went on to explain how Mr Finan’s client – the younger brother – was presently attending a psychiatric wing in hospital, which would create a difficulty for the formal hand-over of his book of evidence, as the defendant must be in court for this to happen.
Mr Gibbons begged the court’s indulgence for a second calling in the afternoon session to allow Mr Finan time to get to Naas Court to better explain his position, and Judge Zaidan agreed.
In the meantime, it was alleged that the older brother was to be charged under Section 4 of the Criminal Justice (Rape) Act.
Sergeant Dave Hanrahan confirmed that the DPP had ruled “trial by indictment” and told the judge “he is to be sent to the present sittings of the Central Criminal Court”.
“How many charges before this man?” asked the judge.
“Sixteen,” said the investigating officer Detective Garda Paul Feeley.
The judge then remanded the defendant on continuing bail under his existing conditions, namely no contact with the injured party, staying at their given address, signing on three times a week at their local garda station and staying out of Co Kildare, save for court appearances.
After lunch, Mr Finan appeared as Mr Gibbons predicted and assured Judge Zaidan that his client had waived his right to a formal hand-over of the book of evidence.
At this point, the younger brother was also sent forward for trial at “the present sittings of the Central Criminal Court”.
“Do you wish to reserve a position on fitness to plea?” the judge asked Mr Finan, aware of his client’s placement. “I reserve,” said Mr Finan formally.
“The state has no problems with fitness?” asked the judge, to which Sgt Hanrahan replied: “no”.
The judge then granted Mr Finan legal aid for himself, along with senior and junior counsels for the trial, as he had for the older brother.
