A Dublin man has failed in an attempt to bring a private prosecution against a number of Eastern Health Board employees and Dr Moira Woods for alleged failures in their responsibilities.
Mr Edward Hernon had sought to bring the prosecution for "misprision of felony" under the Accessories and Abetters Act of 1861, alleging the EHB employees and Dr Woods had failed to bring an indictable criminal offence against a child to the attention of the gardai.
Mr Hernon is also bringing a complaint against the doctor to the Medical Council's Fitness to Practise Committee, arising out of action she took relating to suspicions of child sex abuse. This hearing will take place in private, probably next year.
When Mr Hernon appeared in Dublin District Court yesterday Mr Frank Griffin, barrister, said his instructing solicitors, Hayes and Son, had received a summons on behalf of Dr Woods, but were not in a position to forward it to her. She therefore had no knowledge of the proceedings.
Judge James O'Connor told Mr Hernon that the Criminal Law Act of 1997 had repealed the Accessories and Abetters Act, so he was striking out the prosecution.
After the hearing Mr Hernon told journalists that he would be seeking a judicial review of the judge's ruling. He also said he would be reissuing the summonses under the 1997 Criminal Law Act.