A father accused of raping his daughter when she was aged four has been given leave by the High Court to seek orders preventing his trial.
The alleged assaults occurred 13 years ago and the man claims the delay in taking proceedings has prejudiced his chance of a fair trial.
The man is due to stand trial on six charges of rape and indecent assault relating to a six-month period in 1986. He was given leave by Mr Justice O'Donovan to seek an order restraining further prosecution.
In an affidavit, the man said he was arrested and released in respect of the charges in July 1997. Nine months later, after depositions were taken, he was returned for trial to the Central Criminal Court.
He said he had a close and affectionate relationship with his daughter from her birth to May 1987. Ten months prior to that date, he separated from his wife in very acrimonious circumstances.
His relationship with his daughter contained no element of menace, threat or abuse, either physical or emotional, he said. This account of his relationship with his daughter was supported by the sworn statement of the child's mother.
His daughter was seen by a psychologist on six occasions between October 1988, and January the following year. A report was drawn up by the psychologist but was not contained in the book of evidence against him.
He said this report may be the best evidence now available of his daughter's behaviour in the years after the dates of the alleged abuse. It did not, on the balance of probabilities, disclose dominion by him over his daughter.
The father said he had never been made aware in 1988 or at any time before his arrest in 1998 that his daughter was assessed on suspicion of sexual abuse.
Had he been made aware of the allegations in 1988, he might have recalled some events which could have exonerated him, he said. He was advised the psychologist had admitted on deposition that there was no physical evidence of sexual abuse of his daughter.