A man facing seven charges of indecent assault against his niece was given leave by the High Court yesterday to seek orders prohibiting further prosecution of the alleged offences.
The offences are alleged to have occurred between 1964 and 1970 when the man's niece was aged between six and 12 years. Mrs Justice McGuinness was told by counsel for the man that his client is seeking an order restraining further steps being taken regarding the prosecution on the grounds of unreasonable and inordinate delay since the time of the alleged offences. The man claims the delay was such that it prejudiced his right to a fair trial. He also claims he is prejudiced by the lack of specificity in the charges.
Counsel said his client had at all times denied the charges and the only evidence against him was a statement from his niece. He said the niece had seen a doctor about six years before she made the complaints and there was nothing to explain the delay in taking the proceedings.
Mrs Justice McGuinness said she would give leave to seek the orders sought.