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A Kerry couple, whose Down syndrome daughter was deemed unfit to give evidence against a man alleged top have ssexually attacked her, are taking their fight to the European Court of Human Rights.
Noel and Ann Kelly from Ballybunion say the Irish justice system is incapable of protecting those with special needs.
The case is also being highlighted by Fine Gael’s Alan Shatter who will attempt to amend Criminal Evidence Act legislation when the Dáil resumes after summer holidays next month. Until the legislation is changed it would remain “open season” for anyone with a perverse sexual view to take advantage of those with special needs, Mr Shatter said.
Laura Kelly, a 22-year-old with Down syndrome, claims she was sexually assaulted during a party at her house in 2006. Her sister is said to have witnessed the alleged assault.
The case was thrown out of court last year after Laura failed a competency test ahead of giving evidence.
The legal ruling on competency comes under the Criminal Evidence Act 1992, which the Kelly family believes is flawed and does not protect people with special needs.
They have decided to do all in their power to have the law changed and are preparing to make a case in the European Court of Human Rights.
Parallel to this, Fine Gael is preparing to introduce a private members’ bill to amend the legislation before the Dáil next month.
Last year, the Kelly family were hoping to have talks with the then justice minister Brian Lenihan, but now their primary objective is to bring the Government to the European Court. The family’s legal team have agreed to fight the case free of charge.
Irish Examiner
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