A man whose trial on charges of indecently assaulting a young boy in the 1980s has been aborted on two occasions applied to the High Court yesterday for an order preventing the DPP from further prosecuting him.
Mr Patrick Gageby SC, for the man, said that the first time his client became aware of a complaint against him was in January 1996, when he was interviewed by gardai at his home. The man was arrested in September 1996 in respect of five charges of indecent assault, alleged to have taken place between January 1982 and December 1983.
Mr Gageby claimed his client had been prejudiced by the delay in bringing the matter to trial and because of the "grave lapse of time" since the alleged commission of the offences.
He said the trial had been fixed for July 1997 and then October 1997, but on each occasion there had been a judicial determination that the trials should not proceed.
Mr Gageby claimed the case was perhaps not akin to many other sexual abuse cases, where there would be an ongoing pattern of conduct. In this case there were allegations of five specific instances of indecent assault.
Mrs Justice McGuinness adjourned the application so that Mr Gageby could cross-examine a clinical psychologist retained by the State, but who was not available for yesterday's hearing.