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On the 12 th November, 1999, the applicant was arrested and charged with seventeen counts of indecent assault. All charges relate to a period between the 1 st July, 1982, and the 31 st November, 1983. All the offences are alleged to have taken place at the applicant's home in County Westmeath, during which time the complainant was under his care.
On the 19 th November, 2001, the President of the High Court granted leave to the applicant to issue Judicial Review proceedings to prohibit the respondent from further prosecuting the applicant in relation to the various counts on which he was returned for trial within the proceedings pending the outcome of the determination of the prohibition proceedings. Leave to apply was granted in respect of grounds 1 to 7 and 9 in the grounds of relief. Those grounds are as follows:
Leave was refused to seek Judicial Review on Ground No. 8 (prosecutorial delay), and Ground No. 9 was specifically abandoned by counsel at the hearing of the action.
Grounds 16 and 17 are irrelevant to these proceedings � and were not pursued by the applicant.
The complainant also complained to her husband about the alleged sexual abuse. No date is given for this but the case proceeded on the basis that this was in or around the early 1990s.
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