A PENSIONER who is accused of sexually assaulting his neighbour’s nephew is to be prosecuted on indictment after a district court judge refused jurisdiction.
The defendant, aged in his early 70s, faces three charges relating to offences which are alleged to have happened at a location near the Cork – Limerick border in the early 1990s.
At a sitting of Newcastle West Court, Inspector Andrew Lacey said a file had been prepared for the Director of Public Prosecutions who had consented to the matter being dealt with summarily.
He said it will be alleged the boy, who was aged nine when the first offence is alleged to have happened, was inappropriately touched by the defendant.
He said it is the State case that all of the offences involved touching “outside of his clothing”.
Having heard details of the allegations, Judge Mary Larkin said she was not willing to accept jurisdiction of the case – meaning the case will now proceed on indictment before the circuit court.
Having indicated her ruling, Judge Larkin adjourned the matter to October to facilitate the preparation of a book of evidence.
The defendant was not present in court for the procedural hearing which took place at Limerick Courthouse, Mulgrave Street.
Solicitor Con Barry asked that reporting restrictions be imposed given the nature of the allegations.