AN ELDERLY priest has asked the High Court to stop his trial on three charges of indecently assaulting an 11-year-old girl 30 years ago. The retired 81-year-old priest, who is now partially blind due to glaucoma, is seeking an injunction in judicial review proceedings restraining the DPP from prosecuting him further for the offences, which allegedly occurred in his home in 1977 and 1978.
The priest denies the charges and argues that his right to a fair trial has been breached by the delay in making the complaints and prosecuting the offences.
The DPP has denied delay and has argued that the priest has failed to establish a real risk of an unfair trial.
The alleged victim made a formal complaint to gardaí in 2006 and the priest was charged last year and returned for trial to the Circuit Criminal Court. He brought High Court proceedings.
The priest is claiming his right to a fair trial is prejudiced by the delay in bringing the charges and alleges his medical condition is such that a trial could bring on a heart attack and lead to his death.
He also claims there was no proper Garda investigation into the matter and that the prosecution is only based on the alleged victim's evidence and on statements made by her brother and sister.
The High Court heard yesterday that the priest had denied the allegations in interviews with gardaí and his subsequent prosecution had led to great stress and anxiety.
As a result of his health situation, members of his family had to stay with him overnight.
The case concluded yesterday and Mr Justice Iarfhlaith O'Neill reserved judgment.
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(Source: IT)