A FORMER Franciscan brother who is charged with 123 cases of indecent assault against schoolchildren appeared in Tuam Court yesterday, when he was returned for trial at Galway Circuit Court on April 8th.
The former brother, who is now married with children, is alleged to have committed the offences in a west of Ireland school between 1967 and 1973, when he was a teacher in the school.
The 123 charges include indecent assault and buggery against boys and girls at the rural school.
Thirty-six charges of indecent assault and buggery were brought against him in Longford District Court; 83 charges of indecently assaulting nine boys and two girls were brought in Tuam Court; and last month four further charges of indecently assaulting a girl were brought at Tuam Court.
During the short hearing, Judge John Garavan said, in reply to a submission, that as a human being he could not bring himself to comment on the Book of Evidence for fear he would become emotional.
The bespectacled defendant, dressed in a grey suit, gold and black tie and grey overcoat, was present in the courtroom.
Mr Robert Eagar, solicitor for the defendant, said he was applying for legal aid and he had one submission to make regarding the antiquity of the charges and the unfairness of trying them now.
He said the latest charges related to 1973 and he was aware that these matters had been raised at a parents' meeting at the time. He said there was no explanation in the Book of Evidence for the failure to bring the matter to the Garda until 1996.
However, Judge Garavan said he would prefer if Mr Eagar would stick to the cold facts of law. He added that as a human being he could not comment on the evidence in case he became emotional.
Mr Eagar said the matter was probably for a different court, but Judge Garavan said he was not disposed to the argument because of the large number of charges in this case.
He then told the defendant that, having examined the Book of Evidence, he was satisfied that he had a case to answer and he proposed that he be sent to trial in Galway Circuit Court on April 8th.
The former brother was then released on his own surety of £1,000 and an independent surety of £5,000.
He left the court with a coat over his head and was taken away in a car which was waiting for him at the door of the courthouse.