A man accused of raping and sexually assaulting two younger siblings more than 20 years ago has brought a High Court action aimed at halting his prosecution.
The man, now aged in his late 30s, claims he cannot get a fair trial in respect of events alleged to have occurred in the late 1990s when he was aged between 13 and 15 years of age. The complainants are his sister and brother, who made statements concerning the allegations to gardaí in 2017.
The DPP initially declined to prosecute the man for the alleged offences but that decision was later reversed.
In late 2018, charges were brought against the man and he is facing a trial before the Central Criminal Court.
In his High Court action, the man, represented by Lorcan Staines SC, claims he is at real risk of an unfair trial on several grounds. He says two of the charges concern offences alleged to have occurred when he was aged between 13 and 14 years and that the law at the time provided that a child aged between seven and 14 years was incapable of committing a criminal offence. The other two charges concern offences that are alleged to have occurred when he was aged 15 years. It is claimed the date on which these offences allegedly occurred lacks specificity, leaving open the possibility he could have been aged under 14 at the time. In his action against the Director of Public Prosecutions, the man wants orders prohibiting his further criminal prosecution on the four charges. He also seeks various declarations including the delay in bringing the criminal case has prejudiced him and that allowing the trial proceed would breach his fair and speedy trial rights under the Constitution and the European Convention of Human Rights.
Permission to bring the action was granted on Monday, on an ex parte basis (one side only represented), by Mr Justice Seamus Noonan. The judge stayed the man’s further prosecution pending further order and adjourned the matter to June.