A Christian Brother primary school teacher facing charges of sexually abusing three boys in his school in the 1960s yesterday succeeded in getting a High Court order preventing his trial from going ahead in the case of charges brought on foot of allegations made by two of the three complainants.
But in respect of the eight sample charges arising from the alleged sexual assault on the third complainant, Mr Justice Herbert refused him any court order.
In judicial review proceedings brought by the Brother against the DPP and a Circuit Court Judge, he sought to have his trial prevented from going ahead.
It was submitted, on his behalf, that there was a real risk he would suffer prejudice in making his defence and therefore be denied a fair hearing by virtue of the long delay between the alleged commission of the offences and his trial.
The Brother was first charged in January 1999 with the sexual abuse offences against the boys, named A, B and C for legal reasons.
These were alleged to have occurred over a three-year period on various dates unknown beginning in July 1965 and ending in June 1968.
The Christian Brother has strongly denied the allegations.
Mr Justice Herbert said that in the case of the person A, there had been a delay from 1978 to 1996, and in the case of B from 1973 to 1992 or 1997 in complaining about what allegedly happened to them.
He found that the Director of Public Prosecutions during the judicial review proceedings had failed to prove, on the balance of probability, that the reason for the delay of between 18 and 24 years in making these complaints was attributable to the alleged actions of the Brother.
In both these instances, the portion of the delays which was not referable to the alleged actions or position of power of the Brother was excessive having regard to the nature of the charges.
In the circumstances, he was satisfied from the length of the delay alone that the capacity of the Brother to defend himself was materially impaired.