Retired teacher wants to stop trial for alleged indecent assault

Retired teacher wants to stop trial for alleged indecent assault
File photo of a teacher.

A retired schoolteacher has brought a legal challenge aimed at preventing his trial in on charges of alleged indecent assault against boys almost fifty years ago.

The former teacher has been sent forward for trial before Dublin Circuit Criminal Court on 16 charges of alleged indent assault committed against boys on dates between September 1968 and 1971.

It is claimed the charges arose out of complaints made by former pupils at the Dublin School where the man was a teacher.

The accused man has launched High Court proceedings aimed at halting his prosecution on the grounds he is at risk of not getting a fair trial.

He claims that he is prejudiced because the DPP delayed in commencing the criminal proceedings, and the alleged events happened so long ago that important witnesses are no longer alive.

The man, who denies the charges, is now aged in his seventies and has health problems, cannot be identified for legal reasons.

In High Court proceedings against the Director of Public Prosecutions the man seeks orders including an injunction preventing his trial from proceeding.

He also seeks various declarations including that given the exceptional circumstances in this case it would be unjust and unfair to put him on trial.

He further seeks a declaration that bring criminal proceedings against him would amount to a breach of his constitutional rights, breach his rights under the European Convention for the Protection of Human Rights and be an unlawful infringement of the his liberty.

Patrick Gageby SC for the man told the High Court today his client has fully co-operated and assisted the Gardai since he was first interviewed in relation to the allegations.

Counsel said that due to the passage of time since the alleged incidents witnesses who would have been available to his client are now deceased. There was also important documentary evidence that could not be located, counsel added.

Permission to bring the challenge was granted, on an ex-parte basis, by Ms Justice Margaret Heneghan.

The case will come back before the court in October.


More in this Section

Emergency services respond to flash floods in Douglas and Cork cityEmergency services respond to flash floods in Douglas and Cork city

Rape trial hears of ‘help me’, ‘I’m hurt badly’ text messagesRape trial hears of ‘help me’, ‘I’m hurt badly’ text messages

M8 closed between Mitchelstown and Cahir due to flooding; Reports of localised flooding elsewhereM8 closed between Mitchelstown and Cahir due to flooding; Reports of localised flooding elsewhere

Varadkar’s approval rating tops 50% as Fine Gael maintain opinion poll leadVaradkar’s approval rating tops 50% as Fine Gael maintain opinion poll lead


Lifestyle

Fiann Ó Nualláin follows in the footsteps of the Fianna as he explores a province’s hills and vales.Munster marvels: Plants that are unique to a province

Cupid must be something of a motoring enthusiast, as he had most definitely steered his way in the neighbourhood when Amie Gould and Shane O’Neill met at the Rally of the Lakes 12 years ago.Wedding of the Week: Cupid steers couple to right track

When it comes to podcasting, all it takes is one idea — and who knows where it can take you.Podcast Corner: Crimes and creatures rule at Cork’s first podcast fest

Claymation meets science fiction in this enchanting film, writes Esther McCarthy.Latest Shaun adventure is out of this world

More From The Irish Examiner