Courts / Dublin / Report
Masseur accused of sexually assaulting customer seeks to have prosecution halted
Summary
In 2015 a masseur accused of sexually assaulting a customer during a massage in August 2011 sought to halt his prosecution, arguing he could not receive a fair trial. He claimed prejudice because the complainant had not identified two other men she said had sexually assaulted and raped her many years earlier. The accused denied the assault and said his lawyers needed the names of the alleged perpetrators to test the complainant's credibility. The lawyers argued that without those names they could not pursue a potential line of inquiry, especially since the allegation was uncorroborated. The accused filed judicial review proceedings against the Director of Public Prosecution, seeking an order to stop his trial. The DPP opposed the application, stating that the undisclosed names were irrelevant and that all prosecution material had been shared with the defence. The case remains pending.
Who, what, where, when and why
What: Report matter: Masseur accused of sexually assaulting customer seeks to have prosecution halted. Procedural stage: charge_or_pretrial
When:
- August 2011 Incident
- 2015-04-14 Publication
Why: His lawyers claim they require this information, which they say was only brought to the defence's attention on the morning he was due to be tried before Dublin Circuit Criminal Court, in order to test the credibility of the complainant's allegation of sexual assault. Defence account reported by CNI
Case subjects
Accused
Outcome: The court heard the accused's trial was adjourned in 2013 when the complainant informed gardai she was sexually assaulted by a man when she was a child and was raped by another man when she was a teenager.
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
Topics
Stage Charge Or Pretrial Violent Crime
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