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Criminal trial of retired consultant surgeon to proceed despite pre-trial publicity and delay in bringing charges
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High Court, in judicial review proceedings, refuses to prohibit the criminal trial of an 82-year-old retired consultant surgeon accused of indecent assault made by 22 complainants, finding that the delay in charging the appellant, the alleged prejudicial publicity, and the joinder of additional charges on the indictment were not sufficient to create the risk of an unfair trial.
Criminal law – judicial review – application to prohibit trial of 82-year-old retired consultant surgeon – complaints of indecent assault made by 22 complainants – delay – prejudicial publicity – joinder of additional charges on the indictment – appellant found guilty by Medical Council of professional misconduct of a sexual nature – explanation for delaying in charging appellant – unavailability of witnesses – s. 4 Criminal Procedure Act,1967 as inserted by ss. 8 to 10 of the Criminal Justice Act, 1999 – no real risk of unfair trial – reliefs refused.
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