Courts / Donegal / Report

Retired teacher (77) to face historic abuse charge

Date
2017-07-26

Stage
Charge Or Pretrial

Primary locality
Donegal

County
Donegal

Summary

The High Court has ordered the extradition of a 77-year-old retired teacher to the UK to face a single charge of indecently assaulting a student. The UK citizen, residing in Co Donegal, is alleged to have indecently assaulted a ten-year-old student in a school staff room in June or July 1978. The offence carries a maximum sentence of five years. A European Arrest Warrant was endorsed by the High Court. The respondent's barrister, Mr John Berry BL, opposed surrender, citing confusion over the date, the reversal of prior decisions not to prosecute, and the significant delay. Ms Justice Aileen Donnelly rejected these objections, noting the Crown Prosecution Service had no culpable delay, though the overall length was a factor in the public interest assessment. The court heard the respondent was questioned in 1978 and 2014, with no prosecution initially intended. Following a victim complaint, the Crown Prosecution Service decided to prosecute. The judge found no evidence that remedies for delay or prejudice could not be addressed in the UK. She acknowledged the respondent's strongest point was being told twice he would not be prosecuted but stated this did not make surrender prejudicial. The matter was adjourned in the sense that the order directs the respondent to present himself for surrender at the appropriate time, with bail extended under more restrictive conditions.