The High Court has made an order stopping the trial of a man charged with 14 offences of buggery and indecent assault against a teenage boy.
The complainant claimed he was abused by several men from the age of six, introduced to prostitution by the applicant and had sexual contact with hundreds and "perhaps thousands" of men in Dublin until he was aged about 19.
The complainant, now in his 40s, had said this type of sexual contact was then "the only thing he knew", that he became "preoccupied" with it and felt he was looking for someone to "look after him". He had a difficult home life, his parents had separated and there was alcoholism, neglect and some violence in his family background.
In his decision, Mr Justice Quirke found the complainant's delay of some 13 years in reporting the alleged offences to the gardaí was explicable given the complainant's "very real and very serious" borderline personality disorder, traumatic family background, chaotic life and particularly the continuous abuse to which he was subjected by many men from the age of six.
The judge found that delay was not contributed to by the actions of the applicant and had not prejudiced the applicant's right to a speedy trial. However, he said, the delay was a factor in assessing whether the applicant's right to a fair trial had been prejudiced.
He found the further delay of some five years and six months - between June 1996, when the formal complaint was made, and December 2001, when the applicant was returned for trial - had created a situation which exposed the applicant to a real risk of an unfair trial.
Of nine witnesses whom the applicant wished to call, six could not now be located, including a psychologist, Clare Moran, who was the first person to whom the complainant gave a detailed report of the alleged abuse, the judge said. Other factors included the nature and complexity of the complaints and the very large period of time during which he was abused by several adult males. In all the circumstances, he would grant an order restraining the trial.
Earlier, outlining the background, the judge said that, on the evidence, the complainant had been traumatised by a wide and varied sequence of circumstances which commenced when he was aged six and which may not yet have concluded.
The complainant had alleged abuse by the applicant about the age of 13 but made no complaint to gardaí until 1996. He said this delay was because he felt guilty and ashamed at the nature of the alleged abuse and also felt responsible for participating in it.
During his teenage years, the complainant said he was suicidal on many occasions and, until about the age of 18 or 19, was sexually involved with different persons every day.
After he disclosed the abuse to a clinical psychologist, Ms Moran, who was treating him between 1994 and 1996 for gender and sexuality issues relating to the alleged abuse, she told him she must inform the DPP. He made a formal complaint to a garda in June 1996.
