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No real risk of prejudice arises from delay in bringing indecent assault charges to trial
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High Court refuses to prohibit criminal trial of elderly applicant who faces 16 charges of indecent assault involving nine complainants arising from his time as a teacher in a Dublin school, on the grounds that: a) it has not been established that there is a real risk of prejudice and an unfair trial arising from a delay in bringing the charges to trial; b) the deaths of potential witnesses and their inability to make statements does not give rise to a real or serious risk of an unfair trial; c) the applicant has not established that the absence of a roll book for the school class or the applicant's age would render a trial unfair; and d) the cumulative effect of all the factors considered do not make it necessary to prohibit the trial.
Criminal law – judicial review – application to prohibit criminal proceedings – applicant faces 16 charges of indecent assault involving nine complainants arising from his time as a teacher – delay in instituting criminal proceedings – Article 38.1 of the Constitution – fair procedures under Article 40.3 – prejudice – potential witnesses now deceased and the making of complaints – applicant has not established that the absence of a roll book for Class 3C gives rise to a real or serious risk of an unfair trial – the applicant's health – cumulative effect of factors – prohibition refused.
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