Ex Garda accused of sex offences seeks to stop trial

A former garda charged with sexually abusing two children more than 25 years ago has commenced High Court proceedings aimed at halting his trial.

Lawyers acting for the man, retired member of the Garda Siochana who cannot be identified for legal reasons, have argued before the High Court that there is a real risk that their client cannot receive a fair trial on a number of grounds.

Today Philip Rahn Bl for the man seeking orders from the court halting his prosecution, said that unavailable witnesses in the case added to the fact that he is suffering from a cognitive impairment including memory loss that means that there is a real risk his client cannot receive a fair trial.

The court also heard that the man has a family histroy of dementia.

The Director of Public Prosecutions has opposed the man's application. Lawyers on its behalf have argued in a statement of opposition that the former Garda is capable of standing trial.

Sunniva McDonagh SC for the DPP said that its was the State's case that after undergoing a number of assessments and tests the former Garda had not been diagnosed with forms of dementia such as Parkinson's or Alzheimer's disease. The court also heard that the man is able to drive, and is capable of independent living.

The former Garda is facing dozens of charges of indecent assaulting the two women. Both alleged victims were minors and in their early teens at the time of the alleged offences.

It is further alleged the offences against the two women took place on dates ranging from the mid-1970s up until the mid 1980's at a number of locations, including at the Garda's own home.

The man, who is now in his 70's, has been served with the book of evidence and has been sent forward for trial at Circuit Criminal Court.

The action before Mr Justice Michael Hanna was adjourned today and will resume whenn the new legal term commences last this month.