A man charged with assaulting his former girlfriend's two sons has brought High Court proceedings seeking to prevent his prosecution on the grounds that he has been unable to procure medical records relating to his former girlfriend's treatment in a psychiatric hospital.
Mr John Sweetman SC, for the man, yesterday secured leave from Mr Justice O'Neill to bring judicial proceedings aimed at restraining the further prosecution of the man before Dublin Circuit Criminal Court.
Mr Sweetman said his client was charged with assault of his former girlfriend's two sons, aged 14 and 16. The boys' mother would be the main prosecution witness. It appeared she had been committed to a psychiatric institution in March 2003, but she had refused requests from prosecution lawyers to release information regarding that.
Counsel said this was clearly relevant information in relation to the credibility of the chief prosecution witness in the proceedings.
The prosecution had requested the information from the woman, and she had refused. It appeared his client had no other means of procuring that information. There were legal decisions that prevented the man getting the material by means of third-party discovery.
It was contended that the information was necessary for the preparation of the man's defence.
Mr Justice O'Neill said he would grant leave to take proceedings on the grounds advanced.