Extradition proceedings begin for third suspect in alleged Ballymena rape attack
The PSNI and PPS have begun extradition proceedings to bring an alleged rapist back to Northern Ireland to face charges, a court heard on Wednesday (November 5).
Ballymena Youth Court also heard the prosecution intends to prosecute the case in the Crown Court, rather than keeping it in the Youth Court.
Two Romanian boys, one aged 14 and the other 15-years-old, are in custody, jointly charged with attempted rape following an incident in Ballymena on June 7.
They were arrested within hours of the 14-year-old complainant alleging that she had been subjected to a sex attack in a garage on Clonavon Terrace.
Previous courts have heard however, the third suspect, understood to be around the same age, managed to flee the country before he could be apprehended.
According to the police case, the schoolgirl was walking to meet friends when she was dragged down an alleyway into a garage on Clonavon Terrace.
Inside the garage, the girl saw two mattresses on the floor and after she was put on one of them, the two defendants are alleged to have tried to force her to perform sex acts on them while the third suspect, the one who has fled, allegedly raped her.
The alleged assailants stopped when they heard a male voice outside the garage, giving the girl the opportunity to escape.
Police attended the property on Clonavon Terrace and as the two defendants matched the complainant’s descriptions, the pair were arrested.
Giving an update to the court on Wednesday, prosecuting counsel told District Judge Nigel Broderick the police had submitted a partial file at the end of October where “a new, third suspect has been identified.”
That file was due to be allocated to a senior prosecutor on November 3, said the barrister, and after a short delay, he confirmed that had been done.
The prosecutor asked Judge Broderick to set a date for the Preliminary Enquiry in four weeks time, and acknowledged that the third suspect “may be out of the jurisdiction.”
The judge asked if extradition proceedings had already begun and the barrister confirmed, “that is my understanding”. He did concede however, that he had no time scale for the extradition proceedings.
Lawyers for the defendants raised concerns about the delays regarding the extradition process and the impact it may have on the defendants. Solicitor Niall O'Neill suggested it was not satisfactory that, "we have this vagueness" in relation to the third suspect.
He called for "clarity" and said that if the alleged third defendant was not made available, it would lead to him potentially having to "re-edit papers" before the case can be returned to Crown Court.
Adjourning the case to 19 November, Judge Broderick highlighted that given the ages of all the parties involved, the “Spirit of Protocol” should apply, with the expectation that police should produce a file within four weeks.
He said while he accepted it relates to a “complex investigation and examination of forensic items and devices,” he highlighted that it had taken police 17 weeks to get the file to the Public Prosecution Service.
The judge emphasised it “would be important and pertinent" for clarity over the position regarding the extradition of the third suspect, so while the PPS asked for a four-week adjournment, he put the case back for two weeks.