The High Court has cleared the way for the trial of a former sports coach on two counts of indecent assault that allegedly occurred in the 1970s.
The man, who is in his 70s, asked the court to halt his trial, but Mr Justice Anthony Barr was satisfied the accused will not be unfairly prejudiced by the criminal case taking place some 50 years removed from the alleged events.
The accused’s right to a fair trial will be fully reserved, said the judge, as issues he wants to raise can be taken up with the criminal court judge overseeing the hearing.
The two charges against the former coach relate to allegations he indecently assaulted a boy he coached in the 1970s.
It is alleged the boy was aged between 12 and 14 when the sports coach allegedly put his hand into the boy’s underwear and masturbated him. The second assault is alleged to have involved the man rubbing his penis against the boy during an overnight trip.
The former coach asked the High Court to halt his trial on grounds that he cannot get a fair trial due to a cumulation of factors.
He claimed the complainant delayed in waiting until 2017 to complain to gardaí, while there was also prosecutorial delay after that, meaning he was not charged until mid-2021. He pointed to his advanced age and his alleged poor health, while arguing that relevant witnesses and documents are no longer available.
The Director of Public Prosecutions opposed the man’s judicial review application.
Mr Justice Barr said a person accused of historic sexual abuse allegations can seek to prohibit their trial on grounds that they have suffered specific prejudice due to the delay in prosecution or that the cumulative effects of wholly exceptional circumstances create a significant risk of an unfair trial.
The judge was not satisfied the factors here, individually or cumulatively, establish a real risk the man will not be tried fairly.
He was not convinced there was prosecutorial delay on the part of investigating gardaí and said it is “unrealistic” to expect that gardaí will not have to prioritise certain investigations over others from time to time.
He also accepted Garda evidence that resources were stretched due to the pandemic during the six months it took for gardaí to contact the man by phone.
There is no evidence that the man’s health difficulties were caused or exacerbated by the criminal prosecution or that he suffers from any cognitive impairment, the judge said.
Being in your 70s does not by itself indicate an inability to adequately defend oneself at a criminal trial, Mr Justice Barr added.
He refused to grant the orders sought.
