The Supreme Court refuses to block the trial on historic charges of indecent assault

It ruled that it is for the criminal court, and not the Supreme Court, through judicial review, to determine whether the suspect needs further information about the complainant’s previous experiences of alleged sexual violence. If the suspect has a complaint about a possible unfair trial, it must be addressed to the judge, the court said.

The man is alleged to have committed 18 indecent assaults while babysitting the complainant and her siblings when she was aged between four and 14. He was an adult then. He denies all allegations and maintains his innocence.

The man, now in his late 60s, has brought judicial review proceedings in the High Court, claiming he could not get a fair trial because he needed access to a wide range of information about every past sexual abuse incident of which the complainant claims she was victimized.

The High Court ruled that the man should be given the names and addresses of young people who allegedly assaulted the girl, details of separate rape allegations, full documents about a relationship that was prosecuted, and all allegations she had made against two others. The trial would not proceed without these matters being made public, the judge ruled.

Orders overruled

These orders were rejected by the Court of Appeal, which ruled that issues of discovery and information should be dealt with by the criminal judge overseeing the trial.

The man appealed to the Supreme Court, which on Thursday refused to halt his trial or order more disclosure.

In the High Court ruling, Judge Peter Charleton noted that the complainant had already provided extensive background information and documents, but refused to cooperate further when the suspect requested “even more information”.

He said alleged victims of sexual violence have the right to be protected from investigation before and during a trial into their past sexual experiences, including alleged sexual crimes against them.

A judge cannot order disclosure of an alleged victim’s previous sexual experiences unless it is shown that this line of inquiry has a “material impact on the adjudication of the central issue” in the case, he said.

If a suspect seeks disclosure of such information, including regarding a complainant’s prior experience with sexual violence, he must show that it “reasonably affects the possibility that a false allegation of sexual violence will be made,” the judge said .