A FORMER Christian Brother facing 138 charges of indecent assault on young boys dating back to 1978 has been given High Court permission to seek an order stopping his trial because of a delay in prosecuting him.
James (Seamus) Treacy (70) with an address at Ashton Close, Swords, Dublin, says his right to a fair and expeditious trial has been prejudiced because of the delay.
Yesterday, Mr Justice Peart said he was satisfied to grant leave to bring a challenge, having read the papers in the case since the application was made on Monday. He said his order was to act as a stay on the prosecution. The matter is to come back before the High Court in March.
The court heard Mr Treacy was a former teacher at a Christian Brothers primary school in Sexton Street, Limerick.
Last June, he appeared on the charges in Limerick District Court. He faces one batch of charges of indecent assault relating to four boys between 1978 and 1979 and a second batch relating to 13 others between 1978 and 1981.
He claimed his ability to defend himself had been prejudiced in a number of ways, including the fact that a fellow teacher who could have given evidence on his behalf has died.