Courts / Wicklow / Report

Judge should not have ordered acquittal of sex abuse accused, appeal told

Date
2022-02-22

Stage
Appeal

Primary locality
Bray

County
Wicklow

Summary

In a case heard by the Court of Appeal, the appellant argued that the trial judge had exceeded his jurisdiction by directing a jury to acquit a 72‑year‑old man of four historic child sex‑abuse charges. The accused had pleaded not guilty to indecent assault allegations dating from 1968 to 1970. The complainant, a relative of the accused aged seven to nine at the time of the alleged offences, first reported the allegations to the Gardaí in January 2015. The accused was returned to trial in November 2016, but the trial lasted only one day because the judge refused to grant the Director of Public Prosecutions an adjournment. A pre‑trial hearing in March 2016 had informed the court that the complainant could not attend proceedings, and with the chief witness unavailable the judge directed the jury to acquit the accused of all charges the following day.

Who, what, where, when and why

What: Report matter: Judge should not have ordered acquittal of sex abuse accused, appeal told. Charges or matters: four counts of indecent assault which were alleged to have taken place between April 1968 and December 1970. Procedural stage: appeal

When: