Abuse case jury directed to return next week
28/01/2010 - 14:54:31The jury in the trial of a man accused of the sexual abuse and neglect and ill-treatment of a young boy almost six years ago has been directed to return on Monday when it is hoped the case can go ahead.
The 52-year-old man, who cannot be named for legal reasons, pleaded not guilty at the Central Criminal Court to 47 charges of sexually assaulting the child and one charge of the wilful neglect or ill-treatment of the same boy on dates between April 11, 2001 and June 23, 2004.
The charges the man denied included anal rape, sexually assaulting the alleged victim by performing oral sex on the boy and getting the boy to perform oral sex on him.
He also denied a charge of while being responsible for the custody of a child, that he did wilfully ill-treat or neglect him and allow him to be ill-treated and neglected in a manner to cause unnecessary suffering and injury to his health or to seriously affect his well-being, by aggravating an injury previously suffered by the child, by twisting and squeezing the boy’s hands and delaying medical attention for him.
Mr Justice Paul Carney had told Mr Liam Mulholland, acting on behalf of the State, that only one of two rape trials listed today could go ahead due to unavailability of court registrars and that the Director of Public Prosecutions should elect which one.
Mr Mulholland submitted to Mr Justice Carney that it was a matter for the court but asked for time to consult with the director after the Judge said the DDP had to elect the case which it believed should have priority.
This was the first time this case had been listed before the Central Criminal Court, while the second case, a Co Waterford sexual abuse and rape case, had been listed before the court on a number of occasions.
Mr Mulholland told Mr Justice Carney, having spoken to the director, that he wished to address him in the absence of the jury to outline the reasons for the decision, but said the Waterford case should go ahead after he was told by the Judge that he did not need to know the reasons.
“The director believes that this is primarily a matter for the court but if pushed the State would opt that the other case should go ahead”, Mr Mulholland said.
Mr Justice Carney then told the jury in the case selected that its trial would begin tomorrow and asked the members of the second jury panel to return on Monday.
Ms Aileen Donnelly SC, prosecuting, told the court that she had instructions to ask that the case be made priority on Monday and Mr Justice Carney replied that it would be top of the list.
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