Man seeks to halt trial for alleged assault on female relative

Sixty-five-year-old alleges his lawyers have not been given important information

Man  wants the High Court to halt his prosecution, alleging he cannot get a fair trial. Photograph Nick Bradshaw

Man wants the High Court to halt his prosecution, alleging he cannot get a fair trial. Photograph Nick Bradshaw

 

A 65-year-old man accused of indecently assaulting a younger female relative has launched a challenge aimed at halting his trial before the Circuit Criminal Court.

The man is accused of more than a dozen counts of indecent assault, alleged to have been committed on a child relative during the 1970s and 1980s.

He wants the High Court to halt his prosecution, alleging he cannot get a fair trial.

He claims his lawyers have not been furnished with certain information he claims is important to his defence of the allegations against him.

The information includes allegations that the complainant has made about other persons whom she claims sexually abused her.

The complainant has stated she is not willing to name the other persons whom she has made allegations against, nor give any details in relation to that abuse.

The man’s lawyers claim that means they cannot interview these persons and seek any further and necessary information they may require to prepare his defence.

The action is also being brought over delay in prosecuting the allegations concerning events alleged to have occurred more than 30 years ago.

The man was charged with the offences after the complainant made a statement to the Garda in 2016.

The man, who cannot be named for legal reasons, denies the accusations.

He claims the complainant has suffered from psychiatric illnesses over the years.

In his judicial review action, he wants orders preventing his further prosecution on foot of the charges.

At the High Court on Monday, the man represented by Vincent Heneghan SC, secured permission from Mr Justice Seamus Noonan to bring his challenge.

Permission was granted on an ex parte (one side only represented) basis and a stay was put on the prosecution pending the outcome of the High Court action.

The case was returned to July.