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

By order of this court dated 3 rd December, 2001 the applicant was given leave to apply by way of an application for judicial review for the relief by way of an order of certiorari of the indictment against the applicant herein. The grounds upon which the relief is sought are:

The applicant is further impaired in the conduct of his defence by reason of his inability, due to the lapse of time, to adduce documentary evidence regarding the ownership and period of ownership of certain vehicles in which the incidents alleged occurred.

The applicant says that the delay between the alleged occurrences of the offences and the making of the complaint is unexplained. He says that the delay and lack of explanation regarding same is particularly pertinent as he believes and is informed that the complainant previously made a complaint regarding a sexual offence while resident in England in or about 1987 and was accompanied at the prosecution of the said offence in England by a member of An Garda S�och�na based in the area in which she and her parents reside.

The applicant complains that he is prejudiced by reason of the lapse of time between the occurrences of the alleged activities and the making of the complaint in the presentation of his defence to the charges in question. He says that in view of the lapse of time, he is not in a position to adduce oral and documentary evidence necessary for the purposes of the conduct of his defence.

The applicant has exhibited the Book of Evidence which sets forth 48 charges of indecent assault against the complainant on a monthly basis between the 4 th October, 1974, to the 3 rd October, 1978, inclusive.