High Court strikes out man’s 1995 case alleging sexual assault at school

The boy made two detailed statements to gardaí upon leaving the school. After investigating the complaints, gardaí sent a file to the Director of Public Prosecutions , who directed that there should be no prosecution in the matter.

Last November, the man’s mother was appointed as his next friend for the purpose of the litigation by order of the High Court’s deputy master. This came after a consultant psychiatrist submitted a report in 2019 stating she believed the plaintiff lacked the capacity to provide legal instructions. The man, through his mother, conceded there has been inordinate delay in the case, but he argued this was excusable in the unique circumstances, including his cognitive disability and his abuse of alcohol for a period that required the intervention of mental health services.Allegations of ‘gravest kind’He said it was unquestionably the case that a full Garda investigation would have been carried out into the allegations.

Whatever the material was, it is no longer available due to the loss of the Garda file, which creates a “significant prejudice” to the defendant, the judge added.

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