Mr CY

Mr CY was convicted in August 2007 of wilful interference with the comfort and convenience of passengers in contravention of a bye law of the Transport Undertaking. Mr CY received a £120 fine plus costs of £89.

The CCRC received an application for review of the conviction in October 2008.

Mr CY and another youth had been interviewed by police on suspicion of committing an offence of sexual activity in a public lavatory at a Belfast railway station.

Both youths were notified by the Public Prosecution Service (PPS) that they would not be prosecuted on the basis that it was not in the public interest. Both had made an admission immediately to the arresting officer.

However, Northern Ireland Railways (NIR) summonsed both youths for the offence.

Mr CY pleaded guilty but the other youth contested the legitimacy of the proceedings.

The case against the other youth was later taken over by the Department of Pubic Prosecutions which discontinued proceedings.

Following review, the CCRC concluded that there was a real possibility that the County Court would allow Mr CY’s guilty plea to be vacated and that either NIR would not offer any evidence or PPS would take over the proceedings and discontinue them.

The CCRC referred the conviction in March 2010.

The County Court quashed the conviction in May 2010.