Historical Allegations

Delay can mean lost evidence, unavailable witnesses and memories that have changed over time. These issues can be important to how a case is defended.

Where a historical allegation is made, a prompt and careful response matters. I will review what the Gardaí have, advise you on interview, and consider the issues that arise from the passage of time.

A serious sexual offence can be prosecuted many years after it is alleged to have happened. The age of the allegation does not by itself mean the case cannot go ahead, and it does not mean it will succeed.

Many people learn of a historical allegation when the Gardaí contact them, often about events decades ago. Before you respond to that contact, speak to a solicitor. Your first contact with the Gardaí should be on advice.

Over time, records are lost, places change, witnesses die or cannot be found, and memories fade or alter. This can make it hard for anyone to give a reliable account, including you.

In certain circumstances, the courts can prevent a trial where the delay creates a real risk that it would be unfair. I examine whether such an application is available in your case.

Old diaries, photographs, employment and travel records, and people who knew you at the time can all matter. This work is best done with advice. Contacting witnesses yourself can be misunderstood, so I will guide you on how to approach it.