K. (D.) v. D.P.P.

By order of Kinlen J. made the 28 th May, 2001, the applicant was given leave to apply by way of judicial review for an order of prohibition or, in the alternative, an injunction restraining the respondent from proceeding with a prosecution entitled D.P.P. v. D. K., Bill CC 167-00, before the Central Criminal Court.

The matter was heard by this court on 2 nd March, 2004. The grounds for the leave given were as follows:-

The applicant, having exhibited the book of evidence, stated that he was charged with 39 offences, of which 38 were proceeded with, in relation to his daughter, being offences of rape and indecent assault. He denied the allegations contained in a number of statements by the injured party, his daughter, who was born on the 2 nd July, 1968. As appears from the book of evidence, the applicant's daughter was between the ages of 4 and 13 at the time of the alleged offences.

The applicant said that when he saw her in the psychiatric unit she was scarcely coherent but seemed glad to see him. There was a girl of 15 or 16 years, named Emily, in the adjoining bed. He subsequently learned from his now deceased wife that Emily had been claiming to have been raped over a period of time by her father.

The applicant says that he was arrested on the 12 th February, 1999, interviewed and released without charge and arrested later on the 9 th December, 1999, and ultimately returned for trial on the 6 th June, 2001.