Three Christian Brothers who are accused of having sexually abused children in their care are to ask the High Court to force the State to drop the charges.
Mr Justice Butler was told yesterday that two of them were former teachers at St Joseph's Christian Brothers' Industrial School, Balloonagh, Tralee, Co Kerry, which is now demolished. The third was formerly a cook.
Court orders prohibiting their identification were made last year, following evidence that the defendants had suffered reprisals following the publicity after their initial appearance at Tralee District Court.
Mr Patrick Gageby SC, counsel for the Brothers, told the court yesterday he was seeking leave by way of judicial review for orders prohibiting the Director of Public Prosecutions from further proceeding with the charges on the grounds his clients were gravely prejudiced by the passage of time and the deaths of a number of vital witnesses.
He said the incidents were ones of great antiquity, including one case which involved a 70-year-old man against whom a number of complaints had been made about alleged incidents between the years 1957 to 1961. Mr Gageby said the two complainants were now men in their 50s who alleged that at some time during those years they had been fondled in an indecent way by the defendant.
Similar complaints had been levelled against the two other applicants for judicial review and all of the allegations were being met by stout denials, he said. The two other cases related to allegations against a 60-year old man in relation to alleged incidents between 1967 and 1970, and a 64-year-old man in relation to complaints which allegedly took place between 1963 and 1968.
Seven witnesses whose evidence would have been relevant in one case, had they been able to remember what had happened some 30 years ago, had died. The defence had been unable to trace one lay witness who, because of his age at the time, could now with reasonable safety be presumed to be dead.
Mr Justice Butler said he was satisfied each of the defendants had reasonable arguments to put before the court on the grounds of prejudice and delay and granted them leave to apply for the orders sought.
He granted a stay on any further steps being taken by the DPP in the proceedings pending determination of the issues by the High Court.