A Christian Brother has secured leave to take High Court proceedings aimed at halting his trial on charges of physical and sexual abuse.
It is claimed the abuse occurred while he was head of an industrial school and most of the complaints date back to the 1970s.
The court heard the man denied any wrongdoing when interviewed by gardaí in 1995. In 1997 the DPP directed that charges be preferred against him. His trial did not go ahead during the last legal term because of a dispute over disclosure of documents.
Mr Patrick Gageby SC, for the brother, yesterday said there were substantive reasons to question the prosecution case against his client on the basis of the health board's actions in the school's area. The board and the Garda had a very unhappy relationship in this case. The gardaí were only brought in at the end of the board's inquiries.
Counsel claimed the delay in taking proceedings against the brother had been excessive in that it prejudiced his chance of a fair trial. He also contended the lapse of time between the dates of the alleged offences and the trial was now so great as to give rise to an unavoidable presumption of prejudice against the accused.
It is also alleged that the power of investigation of allegations of criminal offences entrusted by the State to the Garda had been usurped by the board.
The brother argues that the health board investigation was motivated by malice, biased and consisted of a trawling exercise.