The Crown Court in Derry has been told that a seventy-four years old local man, who cannot be named for legal reasons, will not face a second trial on forty-two charges of sexually abusing two of his nieces from 1965 and 1991.
The re-trial was considered after a jury was unable to reach verdicts on any of the forty-two charges earlier this month.
Prosecution barrister Ms. Jackie Orr Q.C. told Judge Philip Babington that, following consultations she had had with the t
wo complainants last Friday, it was decided not to go ahead with a re-trial.
"My application is that the charges be left on the books not to be proceeded with without leave of this court or of the Court of Appeal. That agreement was reached with the full consent of the two complainants in the case. Both were willing to give evidence in a further trial but they are very mindful of the distress being caused to their families and, indeed, to members of the defendant's family.
"They are also mindful of the fact that, by leaving the charges on the books, the defendant is neither guilty nor not guilty of any or all of the charges", she said.
Defence barrister Brian McCartney said he would "echo the comments that, hopefully, both of the families can now repair the damage that this trial has caused to their lives".
Granting the application to leave the charges on the books, Judge Babington said that he too would "echo the very well put words of Ms. Orr and of Mr. McCartney."
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