Man acquitted of indecent assault loses bid to have his legal costs paid

By Declan Brennan

A former Scout who was acquitted of indecently assaulting two boys 50 years ago has had his application for legal costs refused.

The 73-year-old Dublin man, who cannot be named for legal reasons, had pleaded not guilty to three charges of indecent assault on dates sometime in 1969 to 1970.

After a trial at Dublin Circuit Criminal Court last May a jury acquitted him of all charges.

On June 22, 2022 his lawyers brought an application, on his behalf, for his legal costs in defending the prosecution.

The application was heard by the trial judge, Judge Orla Crowe.

After hearing evidence and legal submissions some weeks ago Judge Crowe yesterday refused the application.

She ruled that the prosecution was a legitimate one brought in the public interest, that the applicant was at all times properly prosecuted and properly defended and that he did not suffer any impropriety.

She noted that an application in the course of the trial by the defence for a direction of not guilty by the judge was refused, the trial proceeded then and the then accused man gave evidence in his defence and was cross-examined.

She said that the defence also called two witnesses who gave evidence as to the accused man’s character as well as the circumstances at the time of the alleged offending.

Judge Crowe noted that a number of judgements had been cited by counsel for the applicant and counsel for the Director of Public Prosecutions, who contested the application for costs.

She noted that the case law from the higher courts set out a number of criteria that while not exhaustive could be used to determine the issue of costs arising from an aquittal.

The first of these was whether the prosecution was “warrantable”.

She said in the case before her the prosecution was warranted, involving as it did allegations from two complainant who stood over their allegations during the trial.

She said the DPP was under an obligation to prosecute the case.

The second criteria was whether the prosecution was conducted unfairly or improperly at any times.

She said this case was conducted in a fair and proper manner, that once the complainants came forward it was investigated speedily and brought to court as speedily as possible.

She noted other case law which stated that the court should consider whether the prosecution was justified, if there was any oppressive questioning of the accused, any deliberate abuse by servants of the state, or any serious error of law or fact made by the prosecution.

She concluded that this prosecution was legitimate and was properly prosecuted.