Teacher taking court challenge to halt indecent assault prosecution

A teacher has taken a High Court challenge aimed at preventing him being prosecuted on 523 offences of indecent assault on 23 former pupils.

Mr Justice Herbert yesterday granted leave to the man, now in his 50s, to seek orders restraining any further prosecution on the charges.

The leave acts as an order restraining any further steps by the Director of Public Prosecutions in the matter, pending the outcome of the judicial review proceedings.

It is claimed the alleged offences occurred between 1966 and 1986.

The first complaint was made in September 1999.

The teacher has alleged the delay in the matter is excessive and unconscionable and has deprived him of his entitlement to a fair trial.

Granting leave yesterday, Mr Justice Herbert said he was doing so "most reluctantly". He directed that the leave would operate as a stay on the proceedings.

In another case, the judge granted leave to a man to seek orders restraining his prosecution on 94 charges of indecent assault against three young boys on dates from 1975 to 1984.

It is alleged the man was a neighbour of the children. The first statement of complaint was made in early 1998.

The judge also granted leave to a retired man, aged 80, to restrain further steps in prosecuting him for alleged sexual offences against two girls on dates from 1961-66 in the case of one girl and on dates between 1971 and 1976 in the second case.

That applicant is also arguing he has been prejudiced as a result of delay in bringing the complaints.