The State has withdrawn all charges against a 96-year old man accused of indecent assaults against a then minor over a two year period almost half a century ago.
At Ennis Circuit Court, counsel for the State, Sarah Jane Comerford BL withdrew all of the seven charges against the elderly man by entering a nolle prosequi, a term meaning do not prosecute.
In May, Judge Francis Comerford had set a trial date of June 30th for the wheelchair user who was believed to be the oldest man before the courts for alleged historical sex offences.
Ms Comerford said that the trial date of June 30th could now be vacated.
The State has withdrawn the charges against the accused after solicitor, Donough Molloy for the accused last month furnished the State with a medical report on his client.
Mr Molloy of Sheehan Partners LLP, Francis Street, Dublin 8 told Judge Comerford last month that it may not be appropriate to set a trial date.
Ms Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) told the court last month that the medical report raises a number of medical issues.
Judge Comerford said that the medical issues “is something that should be brought to a head sooner rather than later”.
Ms Comerford also told the court in May that she would continue to correspond 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 was 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 then 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 then accused replied ‘no comment’ after caution to each of the seven 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.
