*Statements were first made by complainants in early 2024.
A WOMAN told a childhood friend in 2007 ‘that b*st*rd abused us” when referring to indecent assault allegations against a now 92-year old Clare man concerning two young orphan sisters from the 1970s.
On the third day of the trial at Ennis Circuit Court, the childhood friend of the two sisters gave evidence of a conversation she had with the older sister in 2007 on the sister’s return to Ireland for holiday.
The woman via video-link asked the court on Friday “can I say a bad word?” before disclosing what the older sister told her nineteen years ago.
After she was told it was fine, the woman said that the older sister told her “that b*st*rd abused us” and named the accused.
When asked by counsel for the State, Sarah Jane Comerford BL who was the ‘us’ the woman was referring to, the witness said that her friend was referring to herself and her younger sister.
The woman told the court, “I was shocked”.
In the case, the accused denies eight counts of indecently assaulting two young girls on dates from July 1st 1973 to January 31st 1975 with two counts related to the younger sister and six concerning the older sister.
The accused man recently turned 92, is disabled and sits in his mobility scooter in court and at the time of the alleged offences, he was aged between 39 and 40.
The two girls came into the care of the accused and his wife in the early 1970s shortly after the girls’ parents died within a year of each other when the girls were aged five and four.
In the case, the investigating garda in the case, Det Garda Conor Flaherty told the jury on Friday that he approached the accused in May 2024 as part of the Garda investigation and the accused said that he was aware of the sexual assault allegations against him.
Det Flaherty said that the man aged 89 at the time in May 2024 said that he would meet him by appointment for interview.
However, Det Flaherty said that when he contacted the accused on June 6th 2024, the man said that on legal advice he had been advised not to speak with Gardaí.
Det Garda Flaherty said that because of the date of the allegations from the 1970s he had no powers of arrest for the alleged offences.
He said, “If it was today he could be arrested and it would be an arrestable offence”.
Det Garda Flaherty agreed with Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) that there was nothing extraordinary in the accused not accepting the invitation for interview.
Det Garda Flaherty said that he had travelled to Vancouver, Canada with a Garda colleague to obtain a Garda statement from the older sister in the case which followed the woman contacting Gardai in October 2023 making the allegations against the accused.
Det Garda Flaherty said that the younger sister had made a Garda statement at the Protective Services Unit of the Clare Garda Division in Crusheen in February 2024 making the allegations against the accused.
The jury has heard that the accused paid out €70,000 two years ago to settle civil claims brought by the two complainants.
The €70,000 comprised of payments of €30,000 each to the two sisters and €10,000 in legal costs to their solicitor, Pearse Mehigan.
Counsel for the accused, Patrick Whyms BL (instructed by solicitor, Daragh Hassett) pointed to a letter from Mr Mehigan in 2024 confirming receipt of the €70,000 where he went on to say that it is accepted that the amount received is in full and final settlement of all aspects of their respective claims.
Mr Whyms said that the letter further notes that the settlement arrived at between the parties is without any admission of liability on the part of his client.
The prosecution closed its case on Friday and the trial will continue on Tuesday before a jury of 11.
