Buggery and assault charges against a 40-year-old Irish soldier have been struck out by the High Court on grounds that his ability to defend himself had been seriously impaired by a delay of almost 20 years in seeking to prosecute him.
Mr Justice Kearns held that a 19-year delay before the alleged victim complained to gardai had gravely disadvantaged the defendant. He restrained the DPP from proceeding with the charges before Circuit Criminal Court Judge Raymond Groarke.
He told Mr Raymond Comyn SC, counsel for the soldier, that very grave prejudice had arisen because two witnesses who might have been available to the defendant were now dead - his mother and father.