Man seeks to stop abuse trial

An elderly man, said to be in poor health, succeeded in a High Court application yesterday to stop his trial on charges of indecent…

An elderly man, said to be in poor health, succeeded in a High Court application yesterday to stop his trial on charges of indecent assault.

Mr Des Dockery, counsel for the man, said the 24 charges against his client related to alleged incidents dating from January 1976 to December 1981. His client denied the charges.

There had been a lapse of 23 years since the date of the earliest alleged offence and the charging of his client in March this year.

Mr Dockery said there was only one female complainant, who would have been aged four in 1976. The alleged offences were stated to have ceased when she was nine.

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The girl had lived with her grandparents, and the grandmother had been reasonably friendly with the accused.

Mr Dockery said the alleged victim made some reference to sexual abuse in October 1993 when undergoing counselling. She complained to gardai in September 1997.

The man's wife had died several years ago and because of the lapse of time he could not now locate witnesses as to his whereabouts between 1976 and 1981 in order to defend himself against the charges brought against him.

Mr Justice McCracken granted the man leave to seek an order prohibiting the Director of Public Prosecutions from taking further steps in the criminal proceedings in respect of which the man has been sent forward for trial.