An elderly man accused of sexually abusing four of his nephews many years ago has brought a High Court challenge aimed at halting his trial.
The man, aged in his late seventies, cannot be identified for legal reasons. He is facing more than 350 charges of sexually abusing the complainants on dates between 1967 and 1984.
The assaults are alleged to have occurred in and around the accused man’s family home.
The complainants, who claim they were abused while on holidays with their families, were all minors at the time.
The man, who denies the allegations, was sent forward for trial late last year before the Circuit Criminal Court, after a complaint was made to gardaí in 2016.
He claims he is at risk of not receiving a fair trial on grounds including prosecutorial delay. He also claims he cannot get a fair trial due to his poor health and cognitive difficulties.
Represented by Michael Bowman SC, the man further claims the trial is prejudiced by the passage of time and in particular the deaths of persons, including his parents, who he claims would have been important witnesses in his defence.
Counsel said allegations of abuse were known and discussed within the family during the early 1990s and in 2002 when the man was confronted with the allegations. No complaint was made to the gardaí until 2016, said counsel.
Counsel said evidence that would have been available to his client had he been prosecuted at a much earlier point in time is no longer available to him.
Application not opposed by DPP
There was also a lack of detail concerning the vast majority of the allegations, said counsel.
In judicial review proceedings against the DPP, the man seeks various orders and declarations including an order prohibiting his trial.
The High Court had previously directed his application for permission to bring his challenge be brought on notice to the DPP.
The leave application was not opposed by the DPP when it came before Mr Justice Michael Quinn on Tuesday.
The judge said he was satisfied an arguable case for judicial review had been made and that leave should be granted.
The judge put a stay on the prosecution pending the outcome of the High Court action and returned the matter to next month.