Courts / Dublin / Report

Retired teacher seeks to halt indecent assault trial

Date
2018-12-07

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A 76-year-old retired teacher, who cannot be identified for legal reasons, is appealing a High Court decision that refused to prohibit his trial on 16 charges of indecently assaulting eight male pupils in a south Dublin school between September 1968 and June 1969. A ninth pupil has also made similar allegations. The defendant, who denies the accusations, argued in the High Court that the deaths of 16 potential witnesses, including staff and inspectors, created a real risk of an unfair trial. Mr Justice Paul McDermott rejected this, finding the case not wholly exceptional. In the Court of Appeal, counsel Patrick Gageby SC submitted that the High Court judge devalued the loss of these irreplaceable witnesses, who could have described the classroom layout and the unlikelihood of the alleged abuse occurring in full view of others. He also highlighted a chronological inconsistency regarding a threat to raise the abuse on a television show that did not start until 1973. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved its judgment. The court acknowledged the age of the case and stated it would endeavour to deliver its decision as early as possible. The matter was adjourned, with a trial date fixed for April.