J. (B.). v. D.P.P.

[Judgments delivered by McGuinness J & Hardiman J; Denham J, Geoghegan J. & McCracken J concurring]

The factual background to these judicial review proceedings, the evidence in the High Court and the findings of the High Court judge have all been helpfully and succinctly set out by Hardiman J. in his judgment which I have had the advantage of reading. There is no need to reiterate these matters here.

The learned trial judge also considered the period of delay which occurred between the complainant's first statement on 9 th April 1998 and 3 rd March 2000 when the applicant was charged and brought before the District Court, a period of almost two years. McKechnie J. held that this period was excessive and, either by itself or as a compounding factor, would be a ground for granting the relief sought by the applicant.

McKechnie J., however, rejected the various grounds of specific prejudice put forward by the applicant (to which I shall refer later) and held that, despite the delay factor, the applicant could still have a fair trial. He concluded:

In recent years a considerable number of cases have come before the High Court and this Court where accused persons have been charged with sexual offences involving children and young persons in circumstances where complaint about the offences in question was not made until many years after the alleged offence. In comparatively few of these cases the Court has held that in addition there has been improper delay on the part of the prosecution authorities.