Swim instructor in move to halt assault trial

A former swimming instructor at a Dublin pool who is facing 30 charges of indecently assaulting two girls over 20 years ago has…

A former swimming instructor at a Dublin pool who is facing 30 charges of indecently assaulting two girls over 20 years ago has secured leave from the High Court to seek orders preventing his trial.

The leave acts as a stay on his pending trial before the Dublin Circuit Criminal Court. The man is charged with 29 offences of indecent assault on one girl between June 1976 and December 1978 and one offence in relation to another girl between June 1977 and August 1978.

Yesterday, Mr Justice Butler granted the man leave to seek an order prohibiting the DPP continuing the prosecution. He also granted a stay on the trial subject to the DPP having the right to apply to the court on notice to the man.

The instructor claimed there had been a number of recent criminal prosecutions of swimming coaches and managers and as a result it would be difficult for him to avoid adverse pretrial publicity.

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He also claimed he had been significantly prejudiced by the delay in bringing the criminal proceedings.

In an affidavit, he said he was first questioned by gardai in July 1999 about the alleged assaults. In relation to the girl whom he was alleged to have indecently assault 29 times, it had been disclosed she had received counselling on and off since 1983.