Courts / Dublin / Report

Judgment reserved on whether historic sexual abuse trial can proceed

Summary

The Court of Appeal has reserved judgment on whether a trial of a man who worked voluntarily in a children's home run by a religious order in Dublin from 1974 should proceed. The case involves historic sexual abuse allegations, including rape, made by several complainants. The indictment was amended before the trial, shifting alleged offence dates for the first two complainants while leaving the third unchanged. After the jury was sworn, the accused's barrister, Caroline Biggs SC, applied for rulings to stop the trial, amend the indictment, or exclude the complainants' evidence. The trial judge denied these applications, suggesting prohibition could be sought. A High Court judgment in February refused leave to seek prohibition, and the matter now rests with the Court of Appeal. Ms Biggs argued the High Court used the wrong test and that the complainants' statements could not be true, citing incorrect original dates. The Court of Appeal will decide on Thursday.

Who, what, where, when and why

What: Report matter: Judgment reserved on whether historic sexual abuse trial can proceed. Procedural stage: appeal

When:

• 1968 and 1974 Incident
• 1974 and 1975 Incident
• 1974 and 1977 Incident
• 2016-10-03 Publication

Places mentioned

Topics

Stage Appeal

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Read the original CNI report