Courts / Ireland / Report

Halt to man's trial on 1970's abuse charges is overturned

Date
2019-10-22
Stage
Appeal

Summary

The Court of Appeal overturned a High Court ruling that had barred a 59‑year‑old man from being tried for alleged sexual abuse of his two sisters between 1974 and 1985. The man had been charged with 17 counts of rape and sexual abuse, but claimed he was not living in the family home during the period and that he had lived with grandparents and another relative, all now deceased. He argued that the deaths of potential witnesses and his prior conviction for serious sexual offending would prejudice his right to a fair trial. The High Court had agreed, citing the lack of corroboration and the risk of a "swearing match" between the parties. The Court of Appeal found the man had not shown how the unavailability of witnesses would lead to an unfair trial and therefore allowed the appeal, granting a 14‑day stay pending a Supreme Court application.

Who, what, where, when and why

What: Report matter: Halt to man's trial on 1970's abuse charges is overturned. Procedural stage: appeal

When:

Case subjects

Unnamed 59-year-old

Accused

Outcome: Ms Brennan said the "catalyst" for the women coming forward to make their complaints was a "threatening letter" the man is alleged to have sent to them while serving a sentence in prison.

Places mentioned

Court Venue
  • Court of Appeal
  • High Court
  • Supreme Court

Topics

Stage Appeal

Read the original CNI report

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