A young man who, when aged almost 15, allegedly sexually assaulted a then 12-year-old boy while that boy was in foster care in the accused's home and continued those assaults over a 20-month period, has taken High Court proceedings to prevent his trial.
The man, now in his early 20s, is facing 21 charges of sexual assault arising from the offences which are alleged to have occurred between October 1997 and June 1999.
Mr Hugh Hartnett SC, for the man, secured leave from Mr Justice McKechnie yesterday to take judicial review proceedings in which he will seek orders restraining the DPP from taking any further steps in his prosecution.
The man's trial was due to open shortly and the judge directed that the order granting leave should act as a stay on the prosecution pending the outcome of the judicial review action.
Mr Hartnett said his case was that the delay in making a formal complaint and in the prosecution of the matter had prejudiced the applicant's right to a fair trial.
He said the matter arose after the complainant was fostered in the applicant's home in October 1997.
At that time, the complainant was aged 12 and the applicant was aged 14 years and nine months.
In July 1999, the health board in question removed the complainant from the home and insisted the applicant seek counselling and psychiatric assistance.
It was not until March 2001 that the complainant made a formal complaint alleging sexual assault, counsel said.
He was not sure if the gardaí were aware of this.
In April 2002, a statement was taken from the applicant.
However, Mr Hartnett said, it was October 2003 before a complaint was brought by summons in the District Court and the case was due before the Circuit Court shortly.
Mr Justice McKechnie said the applicant had made out a case for the bringing of judicial review proceedings
He would grant leave to take those proceedings.