Man faces trial for fourth time after ruling

The High Court has cleared the way for a man to be tried for the fourth time on multiple charges of rape and sexual assault.

The man is accused of 14 counts of rape and sexual assault on a woman during the 1960s and 1970s. He denies all the allegations.

He was tried in 2102 before the Central Criminal Court, when the jury disagreed on a verdict. He was retried in 2013 but that trial ended after the judge discharged the jury. A jury was empanelled for a third trial last year, but it was abandoned after an issue arose of the disclosure of certain documents by the prosecution.

A date was fixed for a fourth trial, but the man brought judicial review proceedings seeking to prevent that trial from proceeding.

It was argued that a fourth trial amounted to a breach of his rights under the European Convention on Human Rights. It was further argued that due to an alleged failure by the State to make full disclosure, which resulted in the collapse of his trial, he had lost faith in the process.

The DPP had opposed the action. The man, it argued, suffered no unfairness by being tried for a fourth time.

Ms Justice Marie Baker dismissed all grounds of the man’s claims. She said she was satisfied the man “had not made out a case for the prohibition of his trial, bearing in mind the exceptional nature of the remedy of prohibition”.


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