A priest who is facing more than 60 charges of indecent assault and gross indecency yesterday sought a High Court order to prohibit his trial and restrain the Director of Public Prosecutions from taking any further steps in the matter. The court reserved judgment.
The offences are alleged to have been committed during the 1980s and the complaints were made to gardai about two years ago. The priest, who denies the charges, claims he cannot get a fair trial because of the lapse of time since the alleged offences were committed.
He says it is unfair to expect him to recollect and instruct legal advisers on 66 charges preferred against him. He also claims there has been adverse publicity which would prejudice his right to a fair trial.
At the opening of the application, Mr Justice Geoghegan made an order that nothing should be published which might lead to the priest being identified.
Mr Felix McEnroy, for the priest, said they did not know what charges were going to be on the indictment. The number of charges was "oppressive and unfair" and it would be impossible for his client to remember any contact or involvement he might have had, more than 13 years ago, with those making the complaints.
Mr Justice Geoghegan suggested that the DPP might specify the offences with which the priest would be faced at his trial. Even if all 66 charges were on the indictment, the DPP might indicate which charges he would go ahead with at the trial.
Mr Maurice Gaffney SC, for the DPP, said the priest had applied for prohibition on the basis that he could not recall any of the allegations made. A decision about the charges to be laid against the priest had not yet been made but he accepted that before a trial an accused should get a fair opportunity to know the charges.