The Supreme Court yesterday reversed a High Court decision preventing the DPP from prosecuting a married man for alleged indecent assault of a young girl. There were 13 allegations of indecent assault against the man, now aged 57. The incidents are alleged to have happened between 1977 and 1983.
The woman, now aged 29 and married, complained in 1995 that the assaults took place when she was aged between eight and 14.
In November 1996 summonses were issued and the man was sent forward for trial, but the trial was adjourned pending High Court proceedings brought on his behalf.
In November 1997 Mr Justice Flood held that the delay in instituting the criminal proceedings had irreparably prejudiced the man's prospect of getting a fair trial and the judge prohibited the DPP from taking further steps in the prosecution.
The DPP's appeal against that finding was upheld by the Supreme Court yesterday.
Delivering the court's decision, Mr Justice Lynch said the time between the alleged commission of the offences and the man being made aware of the complaints by gardai ranged from 12 to 18 years.
The essence of the woman's complaints was that the man would bring her alone for drives in his car to a remote country area and indecently assault her. The man denied the allegations.
The judge decided there was no undue delay on the part of the prosecuting authorities or the courts. The woman, in the particular circumstances, could not be blamed for the delay.