The High Court has refused to stop a fourth trial of A.P. on 14 charges of indecent assault arising from alleged offences against his half-sister at the family home in Waterford.
Mr Justice McCarthy rejected A.P.'s application for prohibition and an injunction on February 2, 2009. The practical effect was that the pending prosecution in Waterford Circuit Court was not barred from continuing.
Three earlier trials had ended without verdicts after juries were discharged. The first, in January 2006, ended after the complainant, L.A.L., gave evidence referring to matters including rape and ejaculation. A second trial in April 2006 was halted following evidence given during cross-examination. A third jury was discharged in May 2006 after evidence concerning physical assaults. A fourth hearing listed for December 2006 was adjourned because L.A.L. was medically unable to give evidence.
A.P. argued that repeated trials, delay, stress and the possibility that evidence could be adjusted after previous hearings meant another trial should not proceed.
McCarthy J did not accept those arguments. He said the earlier jury discharges had not resulted from jury disagreements and, in his view, had been based on legal grounds that were not well founded. He found that evidence of alleged violence and other circumstances surrounding the alleged indecent assaults could properly be relevant to the charges.
The judge also distinguished the case from proceedings where repeated jury disagreements may indicate an intrinsically weak prosecution. He said the prosecution here had a substantial body of evidence, including alleged admissions by A.P. which appeared to have been video-recorded, as well as evidence from other witnesses. Those admissions remained open to challenge at trial.
McCarthy J acknowledged the considerable age of the allegations and the stress caused by repeated trials. However, he found no specific prejudice creating an unavoidable risk of an unfair trial. Considering all factors together, he refused the application to halt the prosecution.