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Indecent assault accused bids to halt trial

Summary

A man in his fifties, whose identity is withheld for legal reasons, has filed a High Court application to stop a pending trial for indecent assault against his nephew. He denies the charge and argues that the prosecution has been delayed for over 33 years, citing the deaths of potential witnesses who could exonerate him as a reason for an unfair trial. The alleged assault took place at the nephew's home sometime between early 1987 and late 1988, when the accused was in his late teens and the complainant was a primary‑school student. The case was charged last year after the accused had attended a voluntary interview with the Gardai. In his judicial review, the accused seeks orders preventing the trial, declarations that the prosecution breaches his constitutional and European Convention rights, and that it is oppressive and infringes his private life. Mr Justice Charles Meenan granted the lawyers permission to proceed and the matter was adjourned to April.

Who, what, where, when and why

What: Report matter: Indecent assault accused bids to halt trial. Charges or matters: the offence last year, over two years after the man attended with the Gardai for a voluntary interview. Procedural stage: trial

When:

• 2022-02-22 Publication

Why: The accused man says he has a serious health condition that has been exasperated because of his prosecution. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

Read the original CNI report