There’s a promise that none of the money raised for a local orphanage will go towards an ongoing legal battle.

Coun. David Hendsbee (Preston-Chezzetcook-Eastern Shore) is promoting the fundraiser for the Nova Scotia Home for Colored Children (NSHCC) even as a police investigate allegations of abuse.

“It’s been systemically underfunded, that’s why we’re having the telethon,” Hendsbee told the Rick Howe Show on Monday, pointing out this is the longest-running telethon in Canada at 81 years. “It stemmed from lack of funding and that’s why we still have the telethon today.”

Police are currently investigating allegations of sexual and physical abuse at the home dating back to the 1960s and 70s. Dozens of people are involved in a class-action lawsuit, with 57 trials set to start in 2014.

The councillor said he his is worried about the negative impact the allegations may have on the telethon.

“All the funds that we receive from the telethon go to child care,” Hendsbee told the talk show. “None of it will go towards any of the allegations, none of the legal battles, none to compensation.”

The fundraiser is being held as the Chronicle Herald reports criminal charges are unlikely in the child abuse investigation because of a lack of concrete evidence in the case, which stems back several decades.

The telethon is Dec. 9 from 2 p.m. to 6 p.m., on Eastlink Channel 10.