Two Romanian teenagers accused of attempting to rape a schoolgirl in Ballymena, Co Antrim, are to have the charges against them withdrawn, a judge ordered on Friday.
The boys, aged 14 and 15, have been held in custody since the alleged sexual assault, which led to rioting in the Northern Ireland town during the summer.
At Belfast Youth Court on Friday, the Public Prosecution Service (PPS) was granted permission to end criminal proceedings against the defendants, based on “significant evidential developments”.
Both teenagers will now be released from the juvenile detention centre where they have been held for more than five months.
RM Block
The pair were jointly charged with the attempted rape of the girl on June 7th this year.
A third youth suspected of involvement in the alleged attack is believed to have fled to Romania the following day.
None of the accused can be identified because of their ages.
Previous courts heard claims that the girl had been dragged down an alleyway into a garage in the Clonavon Terrace area of Ballymena. She managed to escape when the three teenagers were disturbed by a noise outside and ran off, it was contended at the time.
Violence erupted in the town following the alleged incident before spreading to other parts of the North.
In an unexpected development, a formal application was made to halt the case against the two defendants.
A lawyer for the PPS told the court it has a duty to keep prosecution decisions under consideration and take into account any change in circumstances.
“Where new information or evidence becomes available, it will be considered along with all existing information and evidence in the case and the test for prosecution applied,” she said.
“We have recently been made aware of significant evidential developments in this case, and in light of this new evidence it has been determined that the test for prosecution is no longer met on evidential grounds.
“Therefore the case should not proceed.”
Representatives from the prosecution and police investigation teams have met the complainant and her family to explain the reasons for the decision, the court was told.
The two teenage accused, represented by barristers Conn O’Neill and Victoria Loane under the instructions of O’Neill Solicitors, did not appear during the brief hearing.
Mr O’Neill raised no objection to the application.
“The sooner this can be relayed to Woodlands [Juvenile Justice Centre] the sooner these two youths can be released,” counsel said. “They have been detained since the outset.”
Granting the order sought by the PPS, District Judge George Conner said: “I’m aware this is a very sensitive case, but the matters are now marked withdrawn.
“The less I say about it the better.”
In a statement on Friday, the Police Service of Northern Ireland (PSNI) acknowledged the PPS’s decision to withdraw the charges and urged anyone who has been the victim of a sexual crime to report it to police.
“Any reported sexual crime is taken extremely seriously and thoroughly investigated by our specially trained team of detectives,” said Det Chief Insp Stephanie Finlay from the PSNI’s Public Protection Branch,
“The Police Service of Northern Ireland will follow up on all lines of inquiry as we seek to ensure justice.”
Information gathered during an investigation will be submitted to the Public Prosecution Service who then make an independent decision in accordance with evidential tests, she said.
The senior police officer said the PSNI was aware the case had “generated significant public interest” and urged people “to remain respectful in light of today’s decision, and refrain from speculation, particularly on social media”.
