Speaking in the Central Criminal Court during management of the trial list on Monday, Mr Justice Paul McDermott criticised what he described as an “eruption” of late disclosures.

During a particular case which had been listed for trial this week, the court heard that the prosecution disclosed certain medical records to the defence last Thursday.

The material made reference to the existence of a condition which involves a “propensity to promiscuity”, the court heard. Lawyers for the man, who cannot be named, told the court that the release of these records has prompted them to seek expert advice on the material.

The case had initially been put in for trial in March or April 2018. Mr Justice McDermott said it was a “totally unsatisfactory situation” when disclosure was left to the last minute and said the duty was on the prosecution when it came to disclosure.

He said: “Can anyone explain why disclosure was not completed in advance or brought to the attention of the court months in advance?

“It seems to be a feature, a continuing feature, of trials appearing in this court, wherever they’re sitting. Is the DPP going to take any steps about that?”

Mr Justice McDermott said that he had recently asked for this view to be conveyed to the DPP in relation to a separate case in Cork and that he’s asking for the view to be conveyed again, in terms of Monday morning’s particular case, “for what it’s worth”.

The judge said there had been an “eruption of disclosure matters in every second trial of every trial of this kind”, causing trials to be delayed.

He said the consequences of these matters could have negative impacts on both complainants and defendants.

Olga Cronin, CCC.nuacht