A former Marist brother and teacher has been cleared of sexually abusing 4 young schoolboys by direction of a judge. The 69-year-old Mayo resident had denied 22 counts of indecent assault between 1977 and 1980.

The abuse was alleged to have happened at a National School in Co. Westmeath where he taught boys aged between 9 and 12-years-old.

The trial heard evidence he put the working-class boys at the front of the class, beat them and then took them on his lap where he sexually assaulted them while pretending to comfort them.

The abuse was also alleged to have happened on a bus and in a residential house for the Marist Order. The 4 alleged victims testified against their former teacher.

However following a legal application by the defence, Judge Carmel Smith directed the jury to acquit the accused man on all 22 charges.

She ruled that there was a 'fundamental unfairness' in the trial process because the investigating Garda failed to record details of some of the conversations he had had with the accused's alleged victims, 5 of whom were not part of the trial.

She found that as the contacts were not recorded 'except in the garda's head' this meant the defence was unable to test this evidence. She said the trial must be a “clinical” process to find the guilt or innocence of the accused.

The Director of Public Prosecutions (DPP) has the right to appeal the judge's decision.