A teacher has secured leave from the High Court to seek orders restraining his further prosecution on charges of raping his daughter from the age of four and assaulting his son, allegedly breaking his collarbone. The man is charged with 19 counts of rape and 19 counts of indecent assault on his daughter on dates between 1972 and 1981, when she was 12. He is charged with one count of assault against his son between 1981 and 1983. Mr Patrick Gageby SC, for the teacher, said the daughter had an "unfortunate psychiatric background". He said she was now in her 30s and suffered from manic depression or mood disorder. From 1991, after counselling, she had alleged that assaults were perpetrated on her years earlier.
It was alleged that the man would come into his daughter's room and interfere with and rape her, said Mr Gageby.
He said his client was alleging he was prejudiced by the delay in taking proceedings. His wife, who would have been an important witness, died some years ago, and other potential witnesses, including a housekeeper who had slept in the daughter's room during some relevant years, were not available. It was suggested that there was an element of retrieved memory in this case which, he contended, was a breach of the norm, as the evidence consists of a person's recollection.
Mr Justice Kinlen granted leave to the man to seek, in judicial review proceedings, orders restraining the DPP from taking further steps in the prosecution.