A woman charged in connection with the death of her father almost 25 years ago has brought a High Court challenge aimed at halting her prosecution.
Sharon Cullen (39), Ballyjamesduff, Co Cavan, is charged with unlawfully and maliciously causing grievous harm to her father, Christopher Payne, with intent to murder him at Rutland Grove, Crumlin, Dublin, on May 13th, 1988.
Ms Cullen denies the charge and contends she cannot get a fair trial due to the delay in prosecuting her. The case is brought without fresh evidence and no reason has been provided for the delay, she claims.
The decision of the Director of Public Prosecutions to prosecute her was irrational, unfair, unreasonable and perverse, she contends.
In seeking leave to bring judicial review proceedings for orders halting the trial, Ms Cullen’s counsel, Mícheál P O’Higgins SC, said she was aged 15 when four men entered her home, tied herself and her brother up and inflicted serious injury on her father.
It was claimed the beating resulted in Mr Payne’s death six months later, Mr O’Higgins added. The four men were prosecuted, pleaded guilty and were convicted of offences arising out of the attack.
In 2011, gardaí, after a cold case review, arrested her and charged her with offences.
Leave to bring the challenge was granted yesterday on an ex-parte basis by Mr Justice Michael Peart, who put a stay on Ms Cullen’s prosecution pending the outcome of her challenge and returned the matter to June.