A RETIRED parish priest accused of sexually assaulting a young boy over 40 years ago will not face trial due to a lack of evidence and the passage of time.
The 78-year-old priest made a successful application before the High Court to stop the DPP from pursuing his prosecution for allegedly committing four counts of indecent assault and eight counts of buggery against the then 11-year-old boy.
Mr Justice John Hedigan said that this fell into the "wholly exception" category of cases in which prohibiting prosecution was justified due to the "missing evidence and the antiquity of the events".
The now 55-year-old man made his first complaint to gardaí in relation to the abuse in November 2008.
All of the alleged acts of abuse were stated to have been committed in the presbytery of a Dublin church between 1967 and 1969.
In April 2009, the priest stated he did not know the young boy and that he did not attend the Dublin school, only perhaps for a short time. However, gardaí discovered the school’s register and rollbook confirmed that the youth had attended the school over an eight-year period in the 1960s.
Justice Hedigan pointed out there was a risk of an unfair trial as it boiled down to an "unsupported assertion" and a "bare denial" of the allegations.
He said "prohibition" of the prosecution was justified by the priest’s old age, poor health and recent admission to a nursing home, in addition to the lack of evidence and the passage of time.
Mr Justice John Hedigan said that this fell into the "wholly exception" category of cases in which prohibiting prosecution was justified due to the "missing evidence and the antiquity of the events".
The now 55-year-old man made his first complaint to gardaí in relation to the abuse in November 2008.
All of the alleged acts of abuse were stated to have been committed in the presbytery of a Dublin church between 1967 and 1969.
In April 2009, the priest stated he did not know the young boy and that he did not attend the Dublin school, only perhaps for a short time. However, gardaí discovered the school’s register and rollbook confirmed that the youth had attended the school over an eight-year period in the 1960s.
Justice Hedigan pointed out there was a risk of an unfair trial as it boiled down to an "unsupported assertion" and a "bare denial" of the allegations.
He said "prohibition" of the prosecution was justified by the priest’s old age, poor health and recent admission to a nursing home, in addition to the lack of evidence and the passage of time.