A former Christian Brother has asked the High Court to prevent his prosecution on two charges of gross indecency against a boy while the child was an inmate of a residential school.
The former brother, now aged in his sixties, is facing trial in the Circuit Criminal Court on the two charges which relate back to dates unknown between 1964 and 1966. The complainant had started at the school when he was about eight years old, having gone there from an orphanage.
In his judicial review proceedings, the former brother, who denies the charges, contends that the 30-year delay in making the allegations of indecency and the delay of four years between the making of a formal complaint and charges being brought have prejudiced his right to a fair trial in accordance with law.
In evidence yesterday, Ms Ruth Yoder, a clinical psychologist, said the man had told her he had not reported the alleged abuse because he was ashamed and afraid he would not be believed.
The man had told her he had reported the alleged incidents to a "summer brother" at the school - a brother who replaced the full-time teaching brothers during the summer holidays - but was not believed.
She said the fact that a garda had taken seriously allegations by another man that he had been abused by the same brother was a deciding factor in the man making a formal complaint. She agreed with Mr Patrick Gageby SC, for the brother, the man was happily married, had a good relationship with his children, suffered from no psychiatric illness and had held down gainful employment for most of his life.
Ms Yoder told Mr Anthony Collins, for the DPP, that she stood over her view that the delay in making the complaint was reasonable in the light of the man's personal circumstances. The almost universal psychological sequels of sexual abuse - shame, guilt and self-blame - prevented him from reporting the abuse after his first attempt to do so with the "summer brother".
The hearing continues today before Mr Justice Ó Caoimh.
