H. (J.) v. D.P.P.

The applicant in this case was tried and convicted of certain sexual offences committed against his daughter in 1999 and appealed to the Court of Criminal Appeal on the 3 rd December, 2001. That court allowed the appeal and directed a re-trial.

On the 18 th February, 2002, within the three month period, leave was granted by McKechnie J. at a time when the applicant had served two years in custody out of the nine years to which he was sentenced.

The applicant was given leave for an injunction by way of application for judicial review restraining the respondent from prosecuting the applicant in proceedings entitled CC 113/98 The People of Ireland (D.P.P.) v. The Applicant.

The applicant says that the delay between the dates of the alleged offences (1 st September, 1985 to 21 st September, 1987) and the date of return for trial of the applicant on the 2 nd October, 1998, amounts to a failure to vindicate the applicant's constitutional entitlement to fairness of procedures, a breach of his rights to constitutional and natural justice and to an expeditious hearing.

The applicant referred to the indictment in relation to a total of seven counts, one of rape, one of unlawful carnal knowledge, one of incest and four of indecent assault, alleged to have been committed against his daughter, between the dates 1 st September, 1985 to the 21 st September, 1987. On the 27 th February, 1998, eight warrants for his arrest were issued. He was arrested in England on foot of those warrants and consented to being extradited on the 6 th August, 1998 and returned for trial on the 2 nd October, 1998.