Indecent assault accused (91) granted legal aid due to care costs despite 'significant funds'

Gordon Deegan

A 91-year old disabled man with "significant funds available" and facing indecent assault charges has secured legal aid after a judge was told that the man's life savings are being spent on his nursing care costs.

At Ennis Circuit Court, the elderly Co Clare man is due to go on trial on July 7th, where he is facing indecent assault charges against two women from more than half a century ago.

In response to a legal aid application for the accused, Judge Francis Comerford has granted the man legal aid after being told that the man's life savings are being spent on his nursing care costs.

Patrick Whyms for the accused, told Judge Comerford that his client has completed a statement of means as part of his legal aid application, "and he is on very limited social welfare".

Whyms said that his client does have some life savings, and the amount was included in the statement of means provided to the court.

After the statement of means document was handed up to Judge Comerford, the judge commented “There are significant funds available”.

The total of the man’s funds was not disclosed in open court and in response to Judge Comerford’s comment, Whyms said: “That is all he owns in the world; it is not accumulating.”

Whyms said: “My client has nursing care costs, and he accesses that fund to pay for those costs."

Judge Comerford said, "On the basis of the nursing care costs, I will grant legal aid to the accused”.

Whyms said that the application was for himself and for solicitor, Daragh Hassett, to represent the accused for the circuit court trial.

Whyms said that his client was unable to be in court as he relies on a family member to bring him, and the family member was unable to do so for the legal aid application hearing.

In court in April, when the Book of Evidence was served on the accused, special arrangements were made to facilitate the man due to his mobility issues, and the court hearing was held on the ground floor of Ennis courthouse.

In this case, the man faces eight separate charges concerning the alleged indecent assaults of two females in Co Clare at the same address between 1973 and 1975.

At the time of the alleged offences, the accused was aged between 39 and 40.

In one charge, the man, who turns 92 later this year, is charged with the indecent assault of a woman at a location in east Clare on dates between July 1st 1973 and September 1973 contrary to Common Law and Section 6 of the Criminal Law (Amendment) Act 1935.

The man faced five more charges of indecent assault against the same female on dates between October 1st 1973, and January 31st 1975 at his Co Clare home.

The man also faces a charge of indecency assaulting a second female on dates between July 1st 1973, and October 31st 1974 at his Clare home.