A 48-year-old man was yesterday cleared on all counts of the rape, sexual and indecent assault of his godson over a 16-year period. The judge said he had concerns about counselling the godson had undergone.
The court heard that while he was at college, the godson went for counselling after the girls with whom he shared a house asked him if he had been sexually abused as he was not forming any relationships in college.
At the Central Criminal Court sitting in Ennis, Co Clare, Mr Justice Paul Carney told the jury yesterday: "At counselling, he went through some form of recall therapy that brought back events from the past that were buried. This was the catalyst.
"We don't know anything about these professionals, that is the problem. We know that there are people in the area operating with dangerous agendas. In this case, we know nothing about the techniques used to bring about the alleged recall."
On the fourth day of the trial, Mr Justice Carney withdrew the case from the jury after telling it he could not be satisfied that if it had convicted the man, it would be safe.
In all, the man was facing 31 counts relating to sexual abuse of the now 23-year-old graduate from 1987 to 2003.
The father of three was also facing 19 counts of rape from when his godson was aged 12 to 21, from 1994 to 2003.
The accused also faced six counts of indecent assault and six counts of sexual assault of his godchild from age of five to 11. He had pleaded not guilty to all charges and denied from the outset in interviews with gardaí that he had sexually abused his godson.
Mr Justice Carney said that the area of repressed memory troubled the Supreme Court greatly. He quoted at length from a judgment by Mr Justice Adrian Hardiman on the issue.
Judge Carney added that evidence from the alleged victim's father and sister did not afford any corroboration of any value.
He said that if the jury had convicted the man, "I would have had to ask myself: am I satisfied beyond reasonable doubt that it was safe? No, I'm not."
He said: "The evidence was very short. We know nothing about the professionals who purported to bring back these repressed memories, and the law requires that I withdraw the case."
Mr Justice Carney made his judgment yesterday following lengthy legal submissions by counsel for the accused, Hugh Hartnett SC, on Thursday, to have the case dismissed.
After the judge delivered his judgment, the acquitted man was embraced in court by his wife and teenage daughters.