A man who alleges he was sexually abused as a child by a Christian Brother in an industrial school told the High Court yesterday he was "very annoyed" at the DPP's decision not to oppose the brother's application for an order prohibiting his trial.
The brother, now in his 70s, secured leave from the court last September to seek orders restraining his further prosecution on charges of sexual offences against the man and another complainant, who was also a child at the time.
The brother contends his right to a fair trial had been prejudiced due to the 42-year delay between the earliest alleged offence and charges put.
He was charged with 16 counts of indecent assault and 16 counts of gross indecency against the man and 11 counts of indecent assault against the other complainant.
Yesterday Mr Aengus Duane, a solicitor for the DPP, said the DPP was not contesting the judicial review proceedings and asked for the matter to be put back. He said it involved serious allegations and could take some time.
Ms Siobhan Ni Chulachain, for the brother, said one of the complainants and a garda were in court and had understood the matter was for hearing.
The complainant said he was the victim in the case and had received a letter from the DPP to say the case was not proceeding. He had travelled from a town in the south of Ireland. "I am very annoyed, the DPP told us for four years he would oppose it, he told us for four years he would fight it," the man said.
"We just cannot pick up our lives if this is what he proposes to do," the man added. "Compensation will not be enough." Mr Justice Kearns agreed to receive a letter from the man and said he would deal with the case next Monday. He would also list for mention the cases of two other Christian Brothers, who worked in the same industrial school, and who have taken proceedings seeking orders prohibiting their trial.
One of those brothers is in his 60s. He faces eight charges of indecent assault and gross indecency on a young boy. He contends 33 years have elapsed since the earliest alleged incident and his being charged.
The other man, also in his 60s and who has left the order, faces 19 charges of indecent assault of one boy and two counts of gross indecency on another boy. The earliest alleged offence was in 1963. He was charged in 1999.
Ms Ni Chulachain said she was also representing these two applicants. Her clients had understood from media reports that the DPP was not opposing their applications.
Mr Duane said the DPP was opposing the two brothers' applications and wanted time to furnish opposition papers. Ms Ni Chulachain objected to the DPP being given any extension. She said those papers were due on March 25th and her solicitor had then agreed to accept them by April 12th. They still had not received them. Several articles had said the DPP was not proceeding against the two brothers.
Mr Justice Kearns said he could not take newspaper articles, as an indication of how the DPP would deal with court proceedings.
Ms Ni Chulachain said it was very unfair on her clients to be told in media articles the cases were not proceeding against them. This was causing undue stress to her clients.
Mr Duane said he could not comment on media reports. His application was for an extension of time to furnish opposition papers. One of the brothers had had to be seen by a psychologist and a complainant who lived in the UK had had to travel here.
