A FORMER garda charged with sexually abusing two girls more than 25 years ago has brought a High Court action aimed at halting his trial.
The man, who is in his 70s and cannot be identified for legal reasons, claims there is a real risk his right to a fair trial will be prejudiced on several grounds, including lapse of time since the alleged offences.
Philip Rahn, for the accused, argued yesterday that the unavailability of witnesses and a cognitive impairment suffered by his client, including memory loss, were factors contributing to a real risk of an unfair trial.
The Director of Public Prosecutions has opposed the man’s application and contends he is capable of standing trial.
Sunniva McDonagh SC, for the DPP, said the accused had undergone a number of assessments and tests and had not been diagnosed with forms of dementia such as Parkinson’s or Alzheimer’s disease. He was also able to drive and was capable of independent living.
The former garda is facing dozens of charges of indecent assault against two females on dates ranging from the mid-1970s to the mid-1980s at a number of locations, including his home.
The man has been served with a book of evidence and has been sent forward for trial to the Circuit Criminal Court.
His judicial review proceedings opened before Mr Justice Michael Hanna yesterday and will resume this month at a date to be fixed.