*The case was before the District and Circuit Courts in Ennis.
A 55-year old working man in debt from a very expensive divorce has secured legal aid to face six charges connected to the alleged indecent assault of a sister 40 years ago.
At Ennis courthouse, the accused appeared in both the District and Circuit Court courts after flying into Ireland for the Book of Evidence to be served in the case.
The Clare native was initially home for a family funeral last month when Gardaí arrested him and charged him with the alleged indecent assault of a sister 40 years ago.
At Ennis District Court today, a Book of Evidence was served on the accused and Judge Alec Gabbett returned the man for trial to the current sittings of Ennis Circuit Court.
In the District Court, counsel, Cian Kelly BL for the accused applied for legal aid.
Mr Kelly said that his client works but doesn’t own any property. Mr Kelly said that his client “is currently in debt from a very expensive divorce”.
Judge Gabbett asked, “Is that grounds for legal aid?”
Mr Kelly said that he was also applying for legal aid on the seriousness of the charges where two counsel would be required in the Circuit Court.
Mr Kelly said that the case would involve a lot of travel for his client which is substantially expensive.
Judge Gabbett said that he would not make a ruling on the legal aid application and said that Mr Kelly could make it before the Circuit Court.
When the case came before Ennis Circuit Court later as a new return Mr Kelly renewed the legal aid application.
Mr Kelly handed in a statement of means for his client and Judge Francis Comerford granted legal aid for two counsel to represent the accused in the Circuit Court.
Judge Comerford said that the case could be adjourned to March 25th to fix a date for trial and the accused’s presence is not required for that March date.
Judge Comerford said that on the March date, it will be decided what kind of priority the case will be given and counsel for the State, Sarah Jane Comerford BL said “we’ll address that on the next date”.
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 told the District Court in January 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 made no reply after charge and caution.
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.
Judge Gabbett granted the bail last month 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 and bail was extended on the same terms today
