Former schoolteacher fails to halt trial for alleged indecent assaults 40 years ago

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High Court was not persuaded the delay and other circumstances created a risk of an unfair trial

Now aged in his 70s, the man said he is in poor physical health.

Case law has established it is no longer appropriate for a judge considering the delay in historic sex abuse cases to look at why the complainant did not make their complaints earlier, the judge said. He agreed with the DPP that the applicant’s legal team can bring an application at the beginning of his trial to the judge overseeing his case if they fear his right to a fair trial has been impaired.

 

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