A man has asked the High Court to prevent his trial on four charges of raping his daughter when she was 11-years-old and further charges of indecently assaulting her from when she was seven.
The daughter claims she became pregnant at about 11-years-old after being raped by her father and had a miscarriage in the family home. She claims her mother said "Thank God" when the miscarriage happened, showed her the contents of the miscarriage and told her: "This is what happens when you let your Daddy at you".
The daughter claims she didn't report the alleged abuse to the gardaí because her father beat her mother and brothers and she believed there would be trouble at home if she didn't do what her father wanted. She says the abuse began around the time she was making her First Communion, and that her mother knew about the abuse. She says she also told her father's sister when she was about 14-years-old but that her father later told her to tell the aunt what she had said about him was a pack of lies and she had done so. She also claims a doctor was called to the house when she miscarried.
The abuse is alleged to have begun in 1968, when the daughter was seven, and to have continued until about 1975. The woman made a complaint to the gardaí in 1999 after receiving counselling and he was charged in 2000. He is charged with four counts of rape on dates between January 1st and December 31st 1972, one count every three months, and other counts of indecent assault on dates from 1968 to 1973.
The father denies all the charges and claims the delay between the commission of the alleged offences and the making of a complaint has prejudiced his right to a fair trial. He is seeking, in judicial review proceedings, an order prohibiting his trial.
Ms Nuala Butler SC, for the man, told Mr Justice Gilligan yesterday that her client was particularly prejudiced because the doctor who was allegedly present when the girl miscarried had died and his medical records were not available.
The judge also heard that, in interviews with gardaí, the complainant's mother had denied the claims made by her daughter. A brother had also said he had no recollection of his sister being ill around the time of the alleged miscarriage.
The DPP is opposing the man's application. The DPP denies inordinate delay and pleads if there is such delay, it is excusable and due to the actions of the man who, it is claimed, exercised dominion over his daughter.