M. (J.) v. D.P.P.

This is one of a number of cases which have come before the Courts in recent years in which it is sought to prohibit the Respondent from taking any further steps to prosecute the Applicant in relation to sexual offences which are alleged to have taken place many years ago. While the Courts have endeavoured to lay down general principles regarding such cases, ultimately each case depends on its own facts.

The Applicant was a Christian Brother who for some years in the 1960s was based at an industrial school. He left the order in the mid 1970s. On 7 th July 1999 he was charged with 19 counts of indecent assault on JB and two counts of indecent assault on PB, all of which assaults were alleged to have taken place at the said industrial school, and in relation to PB, to have taken place between 28 th January 1964 and 28 th January 1966.

The complainant PB was cared for in an orphanage until he was nine years old, and then was moved to the industrial school where he remained until he was 16 years old. He married at the age of 28 and moved to England where he worked for some 23 years, and then returned to Ireland.

The Complainant JB made his initial complaint to the garda� on 16 th June 1995. This complaint was made in relation to a Brother M, being a name which was somewhat similar to that of the Applicant, and which named this Brother M as the band teacher. He made three further statements on unknown dates, and included in his statements was a complaint of an extremely serious physical and sexual assault, alleged to have taken place in the presence of another named pupil, T McN.

In his affidavit, he stated that he made his initial complaint to the garda� after meeting the Complainant JB and speaking to him in July 1995.