A Catholic priest accused of indecently assaulting a young girl more than 40 years ago has taken a High Court action aimed at stopping his criminal trial from going ahead.
The applicant, who cannot be identified for legal reasons, is aged in his 70s and in poor health. He denies a single charge that he indecently assaulted the girl in the mid-1970s at her home when she was aged 10.
The priest, who was known to the girl’s family, is alleged to have touched the girl under her clothing when she was sitting on his knee while they and several other people were watching a film being shown on a projector.
He denies the allegation or that the girl was positioned near him while the film was being shown.
In judicial review procedings, he wants an order prohibiting his trial before the Circuit Criminal Court. If found guilty of the offence, he faces a maximum of two years in prison.
Prejudiced
He claims he is prejudiced by unexplained prosecutorial delay in the woman making a complaint to the Garda. The complainant made a complaint to the Garda in 2015 and it is claimed she earlier made a complaint about the priest to a bishop in 2004 and told her parents about the alleged incident in the 1980s.
The applicant also claims he cannot get a fair trial because many of the persons who were in the room at the time of alleged assault have since died.
He claims they could have given evidence, which would have assisted his defence, including details about where the complainant was positioned when the film was being shown.
He claims he faces a real risk of an unfair trial due to the delay.
He further seeks damages for alleged breach of his right to a speedy trial under the Constitution and the European Convention on Human Rights.
Permission to bring the action against the Director of Public Prosecutions was granted, on an ex-parte basis, on Monday by Mr Justice Seamus Noonan.
The judge has stayed the prosecution pending the outcome of the judicial review, which has been adjourned to next month.