Daily Mirror (Northern Ireland)
Judge refuses to halt child abuse trial of ex-principal
Court backs fact-finding hearing
A JUDGE yesterday refused to stay proceedings against a former Catholic school principal facing historical child sex abuse allegations.
Lawyers for Richard Duffin, 78, said he was too ill to stand trial on eight counts of indecent assault, two charges of cruelty to children under 16 and two common assaults.
Judge Gordon Kerr QC said although he refused the abuse of process application, one remedy could be a “fact-find hearing’’ to decide if the accused had committed the acts as alleged by three male complainants.
Duffin denies committing the offences between June 1975 and June 1981 while the head of the now closed St Joseph’s Primary School in Ballymena.
His legal team last week launched an abuse of process application stating Duffin, formerly of Ballysallagh Road, Cargan, Ballymena, Co Antrim, was not fit to stand trial.
Defence counsel Neil Connor said the pensioner was interviewed five times by police in 2013 and said for whatever reason “it has taken some time to get this case to court’’.
He added: “During the course of these interviews he was able to answer the questions and participate in the interviews.
“However, he is now confined to a wheelchair and remains in that wheelchair throughout the day until he goes to bed.’’
Mr Connor told the court Duffin suffered from a number of medical conditions, including epilepsy and Parkinson’s Disease “which is at an advanced stage’’.
Medical reports also stated he had a stroke in 2014 and had previously suffered three heart attacks.
Mr Connor said: “He was hospitalised in 2016 and as a result he is incapable of looking after himself and has been in a nursing home ever since. His condition has deteriorated over the last three to four years.
“There are times when he is more articulate than others and it is very difficult to predict whether he will be able to take part in the court proceedings and instruct his lawyers with his defence.
“His speech is almost unintelligible. I fail to see how the accused could give intelligible evidence to a jury given his condition.’’
Prosecutor Tessa Kitson objected saying measures could be put in place to help Duffin, including a registered intermediary and a live video link from his nursing home to the jury with regular breaks.
Giving his ruling yesterday, Judge Kerr said Article 49 of the Mental Health (NI) Order allows for either a trial or a “fact-finding hearing’’ where no guilt is apportioned and the jury decide whether or not the accused had “committed the acts’’ as alleged.
The judge added: “I consider a stay should be refused and note the appropriate remedy could be made by way of an application under Article 49.
“Steps should now be taken to see if that can be achieved by the first week of term.’’
The case was adjourned until next month.
CO ANTRIM YESTERDAY