Missing evidence leads to collapse of sexual assault trial

A Dublin teacher accused of sexually assaulting a then seven-year-old boy at least once a month for two years has been found not guilty by direction of the judge after a vital piece of evidence went missing.

The 62-year-old accused has pleaded not guilty to eight counts of indecent assault on the boy in a Dublin primary school between September 1967 and June 1969.

Judge Tony Hunt ordered the jury to return a not guilty verdict after he heard that a roll book, detailing when the complainant may have attended the school, had gone missing.

He told the jury, because it was an old case and because the "main record" had gone missing, he had no choice but to direct a not guilty verdict.

Judge Hunt thanked the jury for their time and attention and told the accused he was free to go.

The now 50-year-old complainant had told prosecuting counsel, Mr Fergal Foley BL, that the accused would sit on an empty desk at the back of the room and put his hand up his shorts.

He alleged that while this was going on, the accused would tell the other boys to keep reading and not to look back. He said this would happen once every three weeks to a month for the two years he had him as a teacher.

When questioned by defence counsel, Mr Paul McDermott SC, the complainant said he couldn't remember what time of day the abuse would happen.

He said he also couldn't remember the class being interrupted by priests, inspectors or the headmaster.