Kildare man charged with rape over 29 years of marriage appears in court
Naas Courthouse
AN ELDERLY man charged with 117 counts of marital rape through 29 years of marriage was sent for trial to the Central Criminal Court.
The man who can’t be named has an address in Kildare, and was appearing in Naas District Court to receive his Book of Evidence.
The sheer scale of the charges became apparent straight away when Sergeant Mary Meade – as is protocol – offered the final four digits from the sample charge sheet which prompted the judge to comment: “it’s like looking for a needle in a haystack".
"If you could put a yellow sticker (post it note) in this,” as he held the sheaf of 117 charges.
“The charges make up most of the book, which means there is little evidence,” commented Judge Desmond Zaidan.
“That would be my client’s position as well,” concurred Tim Kennelly defending.
Sgt Meade told the court the couple got married on date in the Seventies.
“The (alleged) assaults began one week after marriage, and continued through 29 years of marriage”.
“It happened practically every week after that,” she said.
“The nature of the allegation? It’s actual rape, not sexual assault?” the judge sought clarity, and Sgt Meade agreed.
Sgt Meade also alleged that on a date in 2005 the defendant “made threats to kill or cause serious harm”.
“My client will deny each and every one of them,” said Mr Kennelly.
“These are very serious charges, Mr Kennelly,” said the judge.
“My client is taking this very seriously,” said Mr Kennelly.
“The Central Criminal Court is basically the High Court sitting in its criminal capacity,” explained the judge to the defendant.
“They only hear two offences here – murder or rape."
The judge granted Mr Kennelly legal aid for his expenses, as well as for serious and junior counsel.
At this point the judge noticed three members of the public in the gallery for what was an in camera case, and enquired who they were.
When told it was that some were the couple's grown children, the judge ordered all three to leave.
“That’s different,” said the judge, when Mr Kennelly protested.
“The injured party has a right to attend, but adult sons? I don’t know,” said the judge.
“If she has left the building sergeant, will you extend the court’s sympathies?” said the judge.
He then sent the man forward for trial to the present sittings of the CCJ which began on 12 January.
