Pictured: Ennis Circuit Court.
A judge has set a trial date for a man aged in his 90s who is charged with the alleged indecent assaults on a child over a two year period at an Ennis address almost half a century ago.
The accused will be aged 96 on June 30th when the trial is due to commence at Ennis Circuit Court and the wheelchair user is believed to be the oldest man before the courts charged with alleged sex offences.
At Ennis Circuit Court, solicitor, Donough Molloy for the accused told Judge Francis Comerford that he has furnished the State with a medical report on his client.
Mr Molloy of Sheehan Partners LLP, Francis Street, Dublin 8 told Judge Comerford that it may not be appropriate to set a trial date at this point.
Counsel for the State, Sarah Jane Comerford BL said that the medical report raises a number of medical issues.
She said that the State may have to get its own medical report on the accused who is aged 95 currently.
Ms Comerford said that given the age of the accused “we are anxious to get a trial date.
Judge Comerford said that the medical issues “is something that should be brought to a head sooner rather than later”.
Judge Comerford said that if he put the trial back “the issues are more likely to rise as time passes”.
Judge Comerford said that “it is appropriate to list the case at this point and I will remand the accused on the same terms of June 30th for trial”.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that she would continue to correspondent with Mr Molloy’s office.
The accused was returned for trial at Ennis District Court on February 25th after a Book of Evidence in the case was served.
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 August 1st 1978 to August 31st 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 February 25th, Detective Garda Nadine Keane of Henry Street Garda Station, Limerick gave evidence on serving the Book of Evidence in the case.
Det Garda Keane – formerly of the Clare Protective Services Bureau- said that she arrested the accused in the car-park of Ennis Garda Station after mid-day on February 5th 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.
