Judge: 'Inconsistencies' lead to Christian Brother's acquittal

An ex-Christian Brother has been acquitted by direction of Judge Tony Hunt of sexually assaulting boys some 40 years ago in a Galway industrial school.

Judge Hunt withdrew all 35 charges from the jury on day 11 of the trial at Dublin Circuit Criminal Court.

The 72-year-old accused had pleaded not guilty to the 35 counts of indecently assaulting six boys between 1967 and 1973 when they were residents at the school.

Judge Hunt thanked the jury of five men and five women for their patience and attention in the case and told them that there was significant inconsistency between the evidence given by witnesses in the trial and the statements they made to gardaí and inconsistencies between some witnesses and documentary evidence.

He said he felt that in those circumstances the jury, properly charged by the judge, would not be able to safely convict beyond a reasonable doubt.

Judge Hunt said there was "no doubt that many of the men in this case have unhappy lives" but told the jury a case cannot be decided on sympathy.

His decision to direct that not guilty verdicts be returned on all the charges came following several days of legal submissions from defence counsel, Mr Hugh Hartnett SC (with Mr Philip Rhan BL) and prosecuting counsel, Mr Eanna Mulloy SC (with Mr Fergal Foley BL).