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Prosecution to proceed on charge of rape in 1970
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Court of Appeal refuses judicial review of pending trial on charge of an alleged rape 45 years previously, where three potential witnesses had died, on the grounds that the applicant had failed to establish more than a possibility that their evidence would have been of assistance to his defence.
Judicial review - application for injunction to restrain prosecution - allegation of rape dating back to 1970 - s. 4 of the Offences against the Person Act 1861 - 45-year delay in bringing charges - whether real risk of unfair trial - complainant seven or eight years old at time of alleged offence - many allegations but single representative charge - complaint to Gardai in 2014 - deaths of relevant witnesses - controversy in evidence as to reason that complainant's employment was terminated - theoretical possibility that deceased witness might give evidence of assistance to defence.
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