GARDAÍ swooped on a 55 year old man while home in Ireland for a family funeral and charged him with the indecent assault of a sister 40 years ago, a court heard.
At Ennis District Court, the man appeared in connection with the six counts of alleged indecent assault of the female in 1984 and 1985 at a location in Co Clare.
Det Garda Margaret Leahy of Shannon Garda Station said that the accused was aged 16 to 17 and the complainant aged 7 to 8 at the time of the alleged offences in 1984 and 1985.
Judge Gabbett commented “the charges are very serious”.
Det Leahy said that the man – who can’t be named for legal reasons – has not been home to Ireland in a number of years and had returned here for a family funeral.
Det Leahy said that she arrested the man in Ennis and he was charged in the early hours of Tuesday morning at Ennis Garda Station with the alleged offences and made no reply after charge and caution.
Det Leahy said that Gardaí were objecting to bail as the man has citizenship and family in the country where he now lives.
Objecting to bail, Det Leahy said that her concern is that the man has not returned to Ireland for a number of years, has family where he now lives “and my fear is that he will not travel back and return here for the hearing of the case”.
Det Leahy said that the complainant in the case has made a detailed written statement concerning the allegations.
Det Leahy said that the accused was aware that there had been a complaint made against him by a sister but was not aware of the charges pending following DPP directions.
Det Leahy said that she had begun the process of extraditing the man back to Ireland from his adopted country before he returned to Ireland for the family funeral.
Det Leahy said that the accused has no previous convictions and no bench warrant history.
Counsel for the accused, Cian Kelly BL told the court that his client had returned to Ireland despite knowing that there was a complaint made against him.
Judge Gabbett granted the man bail on conditions to allow him to return to his adopted country pending the trial.
Judge Gabbett granted the bail after a brother of the accused came to court to provide an independent surety of €20,000 and the accused provided his own cash surety of €5,000.
Judge Gabbett told the man’s brother that if the accused doesn’t show up for trial, he will forfeit the €20,000. Judge Gabbett said that the accused will face extradition is he doesn’t return to Ireland voluntarily.
Part of the bail conditions is that the accused is not to have any contact, direct or indirect with the complainant in the case.
Judge Gabbett said that bearing in mind the charges, a senior and junior counsel would be required in the case and Mr Kelly agreed that the case “won’t be a legal aid matter”.
Sgt Frank O’Grady told the court that the DPP has directed that the case be heard in the circuit court and the accused was remanded on bail for the serving of a Book of Evidence on February 19th at Ennis District Court.
