Man (95) appears in court over alleged indecent assaults of a child almost 50 years ago
Gordon Deegan
A 95-year old man in a wheelchair has appeared in court in connection with alleged indecent assaults over a two year period on a child almost half a century ago.
At Ennis District Court on Wednesday, the man appeared in connection 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 and is due to turn 96 later this year.
In court, Detective Garda Nadine Keane of Henry Street Garda Station, Limerick, gave evidence on serving the Book of Evidence in the case for the case to go forward to Ennis Circuit Court.
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 midday 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.
Sgt Burke said that the case can go forward to the current sittings of Ennis Circuit Court, stating that it has been agreed that the accused is excused from attending the call over of cases on March 5th because of his age.
Judge Gabbett said that access to the circuit courtroom upstairs “will be an issue because this man is in a wheelchair”.
Judge Gabbett asked the solicitor for the accused, Donough Molloy, if he was applying for legal aid because of his client’s age and Molloy of Sheehan Partners LLP, Francis Street, Dublin 8, replied ‘not today’.
Before giving the accused the alibi warning, Judge Gabbett said: “You are 96 later this year, so I am conscious of your age. How is your hearing?”
Molloy replied ‘reasonable’ on behalf of his client, and Judge Gabbett asked Molloy if his client had the capacity for a trial of the matter.
In response, Molloy said: “There are a couple of matters that we are in the process of exploring, so I am reserving my position on that.”
Judge Gabbett said that there will have to be accommodations made for the accused throughout the court process.
Judge Gabbett asked Molloy if he was confident that his client would be able to understand the alibi warning, and Molloy said that he had explained that to his client before court.
Judge Gabbett told the accused that he has an alibi in the case; his solicitor must inform the State within 14 days.
Judge Gabbett said that the accused could be remanded on bail on his own bond of €200. Judge Gabbett sent the accused forward for trial to the current sittings of Ennis Circuit Court.
Molloy said that he wished the court to note “for the moment that we are reserving our position generally”.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.
