Stay on trial of sex assault accused is denied

A man facing 12 charges of sexual assault of four girls has failed to get a High Court order to prevent his trial permanently.

The man had claimed his right to a fair trial was irreparably prejudiced by media reports linking him to a well-known relative, who has been the subject of extensive and adverse media coverage.

Yesterday Mr Peter Charleton SC, for the accused, said the link was highlighted by the media, although the relationship between the man and his relative had not been referred to at his trial last year. The trial was aborted because of this, and a new trial date was fixed.

Mr Anthony Collins, for the Director of Public Prosecutions, accepted there had been prejudicial press coverage but denied the man could never receive a fair trial as a result.

Some weeks after his trial was aborted, the man took judicial review proceedings seeking to permanently stay his trial or, alternatively, have it fixed for a date beyond that fixed by the Circuit Court. His trial was then put on hold pending the outcome of the judicial review.

Yesterday Mr Justice Murphy refused the application for a permanent stay. He also found the Circuit Court judge had jurisdiction to fix a date for trial. He added that the conduct of the trial was a matter for the trial judge and not for directions by the High Court.