Courts / Ireland / Report

Court overturns judge's direction to acquit uncle accused of abusing niece

Summary

The High Court quashed a Circuit Court judge's decision to direct the acquittal of an unnamed man accused of indecently assaulting his niece between 1968 and 1970 when she was seven to nine years old. The case had been heard in 2019, but the prosecution sought an adjournment after the complainant fell ill and could not testify. The trial judge declined the adjournment and directed the jury to acquit. The Director of Public Prosecution applied for judicial review, arguing the judge's decision was an impermissible preliminary application that breached Supreme Court principles. Mr Justice Heslin ruled in favour of the DPP, stating the judge had no jurisdiction to halt the trial on the basis of time and missing witnesses, and ordered the case to be remitted back to the Circuit Criminal Court for a proper hearing. The decision was made to ensure due process and a fair trial.

Who, what, where, when and why

What: Report matter: Court overturns judge's direction to acquit uncle accused of abusing niece. Procedural stage: trial

When:

• 1968 and 1970 Other
• 2021-07-02 Publication

Why: However, the prosecution sought an adjournment because the complainant became ill and was unable to attend the trial to testify. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Trial

Read the original CNI report