Brother wins order preventing trial

A perpetual injunction preventing the trial of a Christian Brother on 43 charges of sexual offences against two boys, former inmates of an industrial school, was granted by the High Court yesterday. The DPP did not oppose the application. However, the DPP is opposing applications by two other men who were Brothers in the same industrial school for orders preventing their trials.

Mr Patrick Gageby SC, for the Brother who secured the order, read an affidavit in which the man, now in his 70s, said he was innocent of all charges. He was charged with 16 counts of indecent assault and 16 counts of gross indecency against one boy and 11 counts of indecent assault against the other boy.

The Brother claimed his right to a fair and speedy trial was prejudiced by the delay of some 40 years between the commission of the alleged offences and charges being made. He claimed that the garda who investigated the allegations had told him no criminal offence was disclosed and there would be no criminal proceedings. He also alleged that he had been subject to publicity which prejudiced his entitlement to a fair trial.

Mr Anthony Collins, for the DPP, said the DPP could not refute the Brother's assertion that he was told by the investigating garda that no criminal offence was disclosed. This infected both sets of complaints.

Mr Justice Kelly said that he would grant a perpetual injunction restraining the DPP from taking any further steps in the prosecution of the Brother and awarded costs of the matter to the Brother against the DPP.

The judge also dealt with applications relating to proceedings taken by two other men, both in their 60s, who were Brothers in the same industrial school, for orders preventing their trials. One faces eight charges of indecent assault and gross indecency against a boy. He claims 33 years have elapsed since the earliest alleged incident. The other man faces charges of indecent assault against one boy and gross indecency against another. The earliest alleged offence dates back to 1963. The man was charged in 1999.

Mr Collins said that the DPP would not be proceeding with the prosecution in relation to one of the complainants on the grounds that it would be "unsafe". He was proceeding in relation to the other boy.

The judge adjourned one case, on a peremptory basis, to May 21st. He listed the second case, also on a peremptory basis, for June 13th.