A man accused of unlawful sexual intercourse with a mentally handicapped woman, has failed to have the alleged victim cross-examined in court. Counsel for the 46-year-old man sought to have the woman answer depositions in the Dublin District Court.
Counsel argued the woman was not entitled to have an intermediary through video link because the Criminal Evidence Act (1992) only covered children under 17 and not the mentally impaired.
State solicitor Ms Claire Galligan successfully argued before Judge William Hamill, that video link could be used under Section 12 of the Act, which covers cases involving violence or threats of violence.
Judge Hamill remanded the defendant, who is charged with committing the offence on August 22nd, 1995, to appear for mention on March 19th.