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WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY T.M. PITMAN OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 2nd JULY 2013
Question
Given that the court transcripts of a 2009 case, which resulted in James Donnelly being sentenced to 15 years in prison, revealed that a number of other individuals were also identified as abusers by both the individual eventually convicted and the victim, why was no prosecution pursued in this case?
Answer
Decisions whether to prosecute an individual are made in accordance with the Attorney General's Guidelines. The test which the Attorney General applies involves first an evidentiary test and if, and only if, a case passes the evidentiary test, a public interest test.
As the question indicates, the proceedings to which the Deputy refers took place in 2009. The matters to which he refers were identified at the time and given due consideration. It was decided that there was insufficient evidence to bring charges against any of the individuals who were named during the course of the proceedings against Mr Donnelly.