The High Court has cleared the way for the criminal trial of a man accused of sexually assaulting his nephews.
The man, aged in his early 80s, is facing more than 350 counts of sexual assault allegedly committed on his four nephews on dates between 1967 and 1984, when they were minors.
The abuse is alleged to have occurred when the complainants visited the man’s home during the summer holidays. He denies the claims and says the allegations were concocted by his nephews because he excluded them from his will.
The man, who cannot be identified for legal reasons, brought judicial review proceedings against the Director of Public Prosecutions (DPP) aimed at halting his trial before the Circuit Criminal Court.
It was argued that the length of the delay in commencing the criminal proceedings against him had the effect that certain witnesses, who have died and documents that would aid his defence, would not be available to him. The delay, coupled to his ill health, meant there was a real danger that he would not get a fair trial, the court heard.
Dismissed
The DPP argued that the trial should not be halted by the High Court, and that his application for orders prohibiting it should be dismissed.
In his judgement, Mr Justice Mark Heslin rejected the man’s arguments and directed that the prosecution proceed before a judge and jury.
The judge said he was satisfied that there had been no culpable or prosecutorial delay by the DPP and that the applicant was not prejudiced by the unavailability of witnesses or certain documentation. He was satisfied based on medical reports submitted that the man’s health was such that he could go on trial.
Mr Justice Heslin added that this action was not one of the rare cases where the High Court should depart from the general rule that the judge hearing the criminal trial is best placed to determine whether it is just to permit the applicant’s prosecution. The court therefore was satisfied to dismiss the man’s application in its entirety.