The High Court
The High Court has ordered the extradition of a 77-year-old retired Donegal teacher to the UK to face a single charge of indecently assaulting a student forty years ago.
The UK citizen, with an address in Co Donegal but who cannot be identified for legal reasons, is alleged to have indecently assaulted a ten-year-old student on one occasion when they were alone in a school staff room in the UK in June or July 1978. The
His barrister, Mr John Berry BL, opposed his surrender on grounds concerning confusion about the date of the alleged
Ordering his surrender in the High yesterday,
occurred forty years ago and she rejected the respondent’s points of objection in this case.
The court heard the respondent was questioned by the police in the days following the alleged
However, on a review following a complaint from the alleged victim in 2013, the Crown Prosecution Service made a decision to prosecute the respondent.
In her judgment, Ms Justice Donnelly said there was “no evidence at all” to suggest that remedies as regards the delay in this case, the prejudice that the respondent may have suffered, or the lack of opportunity to have an input into the decision to recharge him, could not be dealt with in the UK.
The judge did not accept that there has been any culpable delay on the part of the Crown Prosecution Service in the UK, however, she said the overall length of the delay was a factor to be taken into account in the assessment of the overall public interest in surrender.
Despite the respondent having suffered stress from the situation, in particular where he had been twice told there would be no prosecution, the judge said she did not find it would be “prejudicial or harmful”
to surrender him.
His bail was extended with more restrictive conditions imposed on the basis that he would present himself for surrender at the appropriate time.