Man to challenge decision to prosecute him for alleged indecent assaults over 30 years ago

A man facing dozens of charges of indecent assaults allegedly committed more than 30 years ago has brought a High Court challenge aimed at preventing his trial from proceeding.

Man to challenge decision to prosecute him for alleged indecent assaults over 30 years ago

A man facing dozens of charges of indecent assaults allegedly committed more than 30 years ago has brought a High Court challenge aimed at preventing his trial from proceeding.

The man, who cannot be identified for legal reasons, claims there is a real and serious risk he will not get a fair trial on grounds including that many witnesses to the alleged events are now deceased.

The case is due to be tried before the Circuit Criminal Court for alleged indecent assaults committed on males during the 1970s and 1980s.

The man who is aged in his late sixties denies the charges, which are all alleged to have taken places at various locations outside of Dublin.

He claims he is prejudiced by not only the death of important witnesses but also by his incomplete and fading memory, and the loss of evidence in the intervening years.

He also claims there has been a prosecutorial delay by the gardaÍ which he claims is inordinate, culpable and unfair on him.

To continue with the prosecution against him would be unfair and otherwise, in accordance with law and his rights to a fair trial, he claims.

In his action, he seeks an order from the High Court quashing the decision to send him forward for trial before the Circuit Criminal Court.

He also seeks several declarations in his proceedings against the DPP, including that due to the inordinate and inexcusable delay in bringing the charges his prosecution would involve a breach of his rights to an expeditious trial and a fair trial as guaranteed under Articles of the Irish Constitution and the European Convention on Human Rights.

Permission to bring the challenge was granted by Mr Justice Seamus Noonan. The judge who also put a stay on the prosecution proceeding pending the outcome of the judicial review.

The case will return before the court in May.

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