Sex assault suspect fails to quash prosecution

A Judo instructor charged with buggery and indecent assault of two young brothers has failed to secure a High Court order restraining his prosecution.

The man, now in his 50s, is charged with one count of buggery and 12 counts of indecent assault against one boy and with 20 counts of indecent assault against the second.

The alleged offences date back to the 1970s and are said to have begun when the boys were aged nine and 10 and to have continued for some years. The applicant was made aware of the complaints in 1998 and charged that year.

The court heard that a psychologist who assessed both complainants had said one of the brothers had suffered a range of psychological difficulties and she believed the alleged abuse was a major contributing factor.

The complainant had experienced feelings of disgust, shame and self-blame and had buried the experience deep within his system for many years.

That brother was also aware the applicant had photographed him naked and believed the applicant consequently had a hold over him.

The psychologist reported that the second brother had tried to brush the alleged abuse aside but had suffered significant psychological distress in his 30s which led to his seeking psychological help.

The psychologist had also reported that both brothers came from a family with a background of alcoholism and domestic violence.

She had said the applicant was aware of this background and that it would make it more unlikely for the boys to report the alleged abuse at home. She said the boys had perceived the applicant as a father figure, and both were given money by him.

In his reserved judgment yesterday dismissing the man's application for orders prohibiting his further prosecution, Mr Justice Murphy said the psychologist's task was to assess, on the assumption that the alleged offences had occurred, whether the delay in making the complaints was reasonable.

He said the psychologist's evidence had concluded the delay was reasonable.