Brothers on rape charges seek legal injunction

Five brothers facing various charges of rape, buggery and indecent assault have taken High Court proceedings to prevent their…

Five brothers facing various charges of rape, buggery and indecent assault have taken High Court proceedings to prevent their trials going ahead.

Mr Feichin McDonagh SC, for the DPP, told Mr Justice McMenamin today that this was a unique case because it involved five members of a family. They were all awaiting trial and had brought proceedings to have those trials either prohibited or injuncted.

The court was told that in one case the charges related to events over 40 years ago.

Mr McDonagh said the five were claiming their rights to a fair trial had been prejudiced due to delay. Many of the charges related to the 1970s, 1980s and 1990s.

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The court would hear psychological evidence and would have to look at that evidence as it pervaded the whole situation, he added.

Mr Justice McMenanim made an order that the names of the five brothers were not to be published, the county in which they lived was not to be revealed and nothing was to published which might tend to identify the victims.

Mr Ewart Millarden SC, for one of the brothers, said that in the case of his client some of the charges related to the 1950s and 1970s — events that occured over 40 years ago.

The case is expected to last two weeks.