Two seek orders to prevent trials

Two men facing separate trials on charges of sexual offences against young persons have secured leave from the High Court to …

Two men facing separate trials on charges of sexual offences against young persons have secured leave from the High Court to seek orders preventing their prosecutions.

One of the men claims his right to a fair trial has been prejudiced because of delay in making the complaints again him, one of which dates back to an alleged offence 44 years ago. The second man claims his defence is prejudiced because, as a result of delay in making complaints, four witnesses are dead.

Mr Peter Finlay SC, for the second man, said his client was charged with indecently assaulting a female between 1974 and 1978. The woman first approached garda∅ in May, 2000. Four witnesses, including a local doctor, who were necessary to his defence were dead.

Mr Finlay said there was no explanation why the woman could not have made her complaints concerning his client at an earlier date.

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The woman had previously complained of being sexually assaulted by another person while resident in England around 1987 and was accompanied at the prosecution of that offence in England by a member of the Garda.

Mr Erwan Mill-Arden SC, for the first man, said his client's two nieces had complained they had been sexually assaulted by their uncle. Both women made their complaints in 1999. The man was later charged with indecently assaulting one niece between 1957 and 1961.

The second niece had made complaints concerning incidents which were alleged to have taken place over 25 years ago.

Mr Justice Butler granted leave to both men to seek orders halting their prosecution.