A former soldier facing charges of indecently assaulting his daughter has claimed he was told 11 years ago that if he participated in a programme of treatment for sex offenders, he would not be prosecuted. He did take part in the 18-month programme but is still being prosecuted, the man said in the High Court.
Mr Justice Butler yesterday granted the 51-year-old man leave to apply for an order prohibiting the DPP from taking any further steps to prosecute him.
The man is due to appear before the Circuit Criminal Court on 23 counts of indecent assault.
In an affidavit, the man said he was questioned by gardai two years ago in connection with allegations that he committed indecent assaults on his daughter between 1976 and 1986.
He believed these were the same allegations made against him in 1989 by his wife and daughter when a full investigation was carried out by gardai. At that time he was informed of a programme for sex offenders in the Central Mental Hospital, Dundrum, Co Dublin.
He said that it had been suggested to him that if he undertook the course, no prosecution would be brought against him. He completed the programme after 18 months.