The trial of a former hospital consultant facing thirty eight charges alleging indecent assaults on males is unlikely to go ahead pending the outcome of a constitutional challenge by his legal team, from Elaine Keogh, in Dundalk
Dundalk Circuit Criminal Court heard yesterday that the defence intends to challenge the sentencing aspect of the Offences Against the Person Act 1861 under which the charges are brought because it differentiates between males and females in passing sentence.
Judge Bryan O'Shea ordered that the Attorney General be put on notice of this action. He also requested the State to enquire from the Director of Public Prosecutions if documents in the possession of the Garda Complaints Board in relation to one of the alleged injured parties can be voluntarily available to the defence.
The court directed the State to specify to the defence, what materials from a binder containing one thousand pages of medical notes, it intends to rely upon. The trial is expected to last up to three weeks. The case was adjourned for mention again on October 7th next.