High Court refuses injunction to restrain prosecution of 78 year old accused of sexual offences holding that the applicant had not proven that there was a real or serious risk of an unfair trial.
Judicial review – application for injunction restraining the respondent from proceeding further to prosecute the applicant – Order 84, Rule 20, of the Rules of the Superior Courts – alleged sexual abuse – applicant suffers from a condition which restricts his ability to properly and fully defend himself – complainant delay – culpable prosecutorial delay – s. 4 of the Criminal Law (Insanity) Act 2006 – atypical Alzheimer’s disease – differing medical evidence – unfit to be tried – absence of witnesses – whether there is a real or serious risk of an unfair trial – – the omnibus test – judges’ warnings – public interest – case should proceed to trial