Man on sex charges gets leave to try to stop trial

A man charged with more than two counts of rape, two counts of buggery, four counts of sexual assault and 100 counts of indecent…

A man charged with more than two counts of rape, two counts of buggery, four counts of sexual assault and 100 counts of indecent assault has secured leave from the High Court to seek an order prohibiting his trial.

The complaints against the man were made by his brother's wife and children (two girls and three boys) and by an unrelated man. They date back to 1972.

Mr Robert Eagar, for the man, said his client was alleged to have committed two counts of rape on his sister-in-law between 1972 and 1973. The other charges include 22 alleged offences of indecent assault on a niece between 1976 and 1983; four counts of alleged indecent assault on one nephew; 22 alleged indecent assaults on a second nephew; 23 on a third; 20 on another niece; and 22 on a unrelated youth.

In an affidavit, Mr Eagar said it appeared the man's sister-in-law made a complaint to the Garda in 1984 that the man had sexually abused two of her sons. She did not complain that the man had raped her until June 1999. There was no explanation as to why she did not report these alleged rapes at an earlier time, Mr Eager said.

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Nor, he added, was there an explanation of why one niece who decided to make a complaint to gardaí in 1987 had then waited a further 12 years before making it.

Mr Eagar said the delay in making the complaints against the man were inordinate and inexcusable.

Mr Justice McKechnie granted the man leave to seek court orders preventing his further prosecution or trial.

The leave acts as a stay on any further prosecution pending the outcome of his judicial review proceedings.