Elderly man facing 350 charges of sexually abusing nephews over 17-year period seeks to halt trial
An elderly man accused of sexually abusing four of his nephews over a 17-year period has brought a High Court challenge aimed at preventing his trial from going ahead.
The man, who is aged in his late seventies and cannot be identified for legal reasons, is facing more than 350 charges of sexually abusing the complainants on dates between 1967 and 1984.
The assaults are alleged to have occurred in and around the accused man's family home, which is located on the Western seaboard.
His four nephews, who claim the abuse occurred while they were on holidays with their families, were all minors at the time.
The man who denies the allegations of committing the indecent assaults was sent forward for trial late last year before the Circuit Criminal Court, after a complaint was made to the Gardaí in 2016.
However, the man claims he is at risk of not receiving a fair trial on grounds including that there was prosecutorial delay in bringing the charges against him.
He also claims that he cannot stand trial due to his poor health and cognitive difficulties.
Represented by Michael Bowman SC the man further claims he is prejudiced by the passage of time and in particular the deaths of persons, including his parents, he claims would have been been important witnesses in his defence.
Counsel said that the allegations of abuse were known and discussed within the family during the early 1990s and in 2002 when the man was confronted with the allegations.
However, no complaint was made to the Gardaí until 2016, counsel said.
Counsel said other evidence that would have been available to his client, had he been prosecuted at a much earlier point in time, is no longer available to him.
There was also a lack of detail concerning the vast majority of the the allegations against the man, counsel said.
In judicial review proceedings against the DPP, the man seeks various orders and declarations including an order prohibiting his trial from proceeding.
He also seeks a declaration from the court that his case raises exceptional circumstances so that it would be unfair and unjust to put him on trial.
The High Court had previously directed that his application for permission to bring his challenge be brought on notice to the DPP.
The leave application, which was not opposed by the DPP, came before Mr Justice Michael Quinn today.
The judge, after considering submissions from the accused man's legal team, said he was satisfied that an arguable case had been made, and that leave should be granted.
The judge put a stay on the prosecution from proceeding pending the outcome of the High Court action. The legal challenge will come back before the court next month.
