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Abuse accused argues he should not face trial due to suicidal ideation

Summary

A 55-year-old man has appealed to the Court of Appeal against a High Court decision that he should face trial for a single count of alleged indecent assault committed between January 1987 and December 1988. The appellant, represented by Michael O'Higgins SC, argued that the delay in prosecution caused prejudice due to deceased witnesses and that his severe anxiety and suicidal ideation constituted exceptional circumstances preventing a fair trial. He contended that the High Court judge, Ms Justice Marguerite Bolger, erred in preferring a GP report over a psychological report that documented his suicidal ideation and a plan to crash his car. The State, represented by Kieran Kelly BL, countered that the trial court was the appropriate forum to assess fairness and noted that the appellant's anxiety was linked to other factors. Presiding Judge John Edwards highlighted inconsistencies between the reports regarding the suicidal ideation. The Court of Appeal has reserved its judgment, meaning the matter was adjourned and remains unresolved.

Who, what, where, when and why

What: Report matter: Abuse accused argues he should not face trial due to suicidal ideation. Charges or matters: a single count of indecent assault on a date between January 1987 and December 1988 at a location within the State. Procedural stage: appeal

When:

• January 1987 Incident
• December 1988 Incident
• 2025-02-13 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report