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THE DIRECTOR OF Public Prosecutions (DPP) is seeking an early trial date for a 95-year-old man charged with alleged indecent assaults of a child over a two-year period almost half a century ago, a court has heard.
At Ennis Circuit Court, counsel for the State, Sarah-Jane Comerford BL said that she was instructed to seek a trial date for 14 April.
Comerford said that this was appropriate that given the age of the accused the prosecution is anxious to move matters along.
She said that the accused will be 96 this year.
The accused – who is a wheelchair user – was returned for trial at Ennis District Court on 25 February after a Book of Evidence in the case.
Solicitor Donough Molloy, for the accused, told Judge Francis Comerford he believes that the 14 April trial date “is overly ambitious”.
Molloy of Sheehan Partners LLP, Francis Street, Dublin 8, said: “There are a number of very, very complex issues to be resolved.”
The State’s counsel Comerford said that disclosure is in hand and said that if the court is minded, the case can be adjourned to the next call over where the prosecution would be anxious for the case to be given priority at the July sittings.
Judge Comerford said that the case can be adjourned to the call over of cases for 1 May with priority for the next sittings in July.
The man is charged with seven counts of indecently assaulting a female then aged under the age of 18 at an Ennis address over a two-year period from 1 August 1978 to 31 August 1980.
At the time of the alleged offences, the man was aged 48 to 50.
The charges are contrary to Common Law and Section 6 of the Criminal Law (Amendment) Act 1935.
The man – with a Co Clare address – was born in 1930.
In the district court on 25 February, Detective Garda Nadine Keane of Henry Street Garda Station, Limerick gave evidence on serving the Book of Evidence in the case.
Detective Garda Keane – formerly of the Clare Protective Services Bureau – said that she arrested the accused in the car-park of Ennis Garda Station after midday on 5 February for the purpose of charge.
Det Garda Keane said that the accused replied “no comment” after caution to each of the eight charges.
Sgt John Burke of Ennis Garda Station told the court that the complainant in the case “was a child” at the time of the alleged offences.
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