A former basketball coach has brought a legal challenge aimed at halting his trial for allegedly indecently assaulting a male more than forty years ago, writes Ann O'Loughlin.
The pensioner, who cannot be identified for legal reasons, is facing four charges of committing indecent assaults on a male after a complaint was made to the Gardaí in 2015.
The alleged assaults are claimed to have occurred at a location outside Dublin during the early 1970s. The pensioner is due to go on trial at the Circuit Criminal Court.
In High Court proceedings against the DPP the man is seeking an order prohibiting his trial from proceeding on several grounds.
He claims that due to the lapse of time a number of potential witnesses are no longer available to give evidence as they are ether no longer living in Ireland or have died.
The total delay in the case of more than forty years would result in an unfair trial, he claims.
The man also claims he is prejudiced because the building where the assaults are alleged to have occurred has been demolished.
He further claims he is prejudiced because he cannot obtain the services of an engineer to inspect the building to corroborate what the complainant has alleged.
He further claims that he has health issues and suffers from memory loss, which also ensures that he would not get a fair trial and not be able to properly defend himself.
Permission to bring the action was granted, on an ex-parte basis, by Mr Justice Seamus Noonan. The case will come back before the court in July.
A stay was also placed on the prosecution proceedings until the High Court action has been determined.