A round-up of today's other court news in brief ...
Jury discharged in sex abuse trial
The jury in the trial of a former Marist Brother and teacher at a Sligo school accused of indecently assaulting six pupils has been discharged after it emerged prosecuting counsel in the case had also acted in civil proceedings involving some of the complainants.
The 64-year-old accused had pleaded not guilty at Dublin Circuit Criminal Court to a total of 84 charges of indecently assaulting six males, aged between six and 12 years, on dates between 1968 and 1977 in a boys’ primary school.
Eanna Mulloy SC, prosecuting, told Judge Frank O’Donnell that the Director of Public Prosecutions (DPP) had decided he wished to retain fresh prosecuting counsel to avoid any perception of “crossover” between the civil and criminal matters.
Judge O’Donnell discharged the jury of eight women and four men and listed the case for mention later this week when a new trial may be set.
Driver’s damages to be assessed
The High Court will later this year assess the amount of damages to be paid to former rally driver Rosemary Smith by fitness centre owner Albert Gubay over breaching an agreement relating to providing her with a rent-free apartment in return for vacating her home.
Mr Justice Liam McKechnie, who last year ruled there had been a breach of an agreement granting Ms Smith life-long rent-free accommodation in a studio apartment in a major Dublin sports centre, said yesterday he will assess damages at a hearing in May.
Mr Gubay, of Crogga Mill, Santon, Isle of Man, and Mardown Ltd, registered in the Isle of Man, had opposed her claim for specific performance of the agreement, which arose out of separate High Court proceedings settled between the parties in February 2007.
Last September, Mr Justice McKechnie concluded the settlement was breached as the dwelling offered did not have planning permission.
Teenagers to face criminal court
Two schoolboys charged over a street attack on an Egyptian national who was allegedly beaten with a rock and metal pole are to face trial at Dublin Circuit Criminal Court.
Judge Ann Ryan, presiding at the Children’s Court, held that the case should not be retained there and must be sent to the higher court, which has wider sentencing powers.
The boys, aged 17 and 18, from the Middle East and in care, have been charged at the Children’s Court with assault causing harm to an Egyptian man in his 20s at South Richmond Street, Dublin, on March 19th last year.
Garda Eoghan O’Neill of Harcourt Terrace station furnished a medical report on the victim to the court and gave an outline of the allegations.
The pair, who were accompanied to court by care workers, were remanded on continuing bail to appear again in May when they are to be served with books of evidence and sent forward for trial.