A man accused of indecently assaulting his nephew over 30 years ago has brought a High Court action aimed at preventing his trial from going ahead.
The accused man, who cannot be identified for legal reasons, denies the charge.
He claims that due to the lengthy delay in prosecuting the case, and the unavailability due to the deaths of persons he says would help exonerate him, he cannot get a fair trial.
As a result, the accused man, who is aged in his fifties, seeks orders from the High Court prohibiting his trial.
The man, represented by Michael O'Higgins SC and Karl Monahan BL has been sent forward for trial before a judge and jury at the Circuit Criminal Court.
He is accused of one count of indecent assaulting his nephew, when the accused was aged in his late teens, at the complainant's home on a date unknown sometime between early 1987 and late 1988.
The complainant was a primary school student when the offence is alleged to have occurred.
Complaint
It is not known when the complainant first made a complaint to Gardaí that he was abused by his uncle, the accused claims.
The accused was charged with the offence last year, over two years after the man attended a voluntary interview with Gardaí and the accused claims that there has been no explanation tendered for the delay in this case.
He also says the complainant made frequents complaints in respect of the offence to parties including family members and Tusla from as early as the mid 1990s.
The delay of over 33 years from the time of the alleged incident is unjustified, it is claimed. The death of certain family members also prejudices the accused's defence of the charge.
It has been alleged by the complainant that the accused was not welcome at the nephew's family home.
The accused denies that, but says the family members, including the complainant's parents, who could contradict the complainant's assertions, have died.
The accused man says he has a serious health condition that has been exasperated because of his prosecution.
In his judicial review proceedings against the Director of Public Prosecutions (DPP), the man seeks an order prohibiting his trial from proceeding.
He also seeks declarations, including that his prosecution amounts to a breach of his Constitutional right, and rights under the European Convention on Human Rights to a fair trial with due expedition.
He further seeks declarations that his prosecution is oppressive, breaches his right to fair procedures and his rights to a private and family life.
The matter came before Mr Justice Charles Meenan who on an ex-parte basis, granted the accused's representatives permission to bring the challenge.
The matter was adjourned to a date in April.
