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Supreme Court halts woman's sex abuse claim against grandfather's estate
Summary
The Supreme Court has halted a woman's civil action for damages against her deceased paternal grandfather's estate over alleged sexual abuse, unanimously upholding the High Court's decision to stop the proceedings due to delay. The 29-year-old defendant alleged she was abused between the late 1980s and early 1990s. In 2009, Mr Justice Charleton halted the trial, finding that "inexcusable" delay prejudiced the defendant, who had denied the allegations. A key witness, the woman's grandmother, had died, preventing a fair hearing. The court noted that a 2003 complaint to An Garda Síochána was "disgracefully" not followed up after transfer to Dublin. A subsequent finding of negligent handling resulted in a garda officer being fined €150. Mr Justice Charleton stated the woman was "very badly let down" by the Garda. The woman appealed the High Court's decision. In the Supreme Court, Mr Justice Hardiman ruled the claim had "passed beyond the reach of fair litigation" due to the inordinate delay and the deaths of the defendant and the principal defence witness. He described proceeding as a "parody of justice." The Chief Justice and three other judges agreed with the judgment. The matter was adjourned in the sense that the appeal was dismissed, concluding the litigation against the estate.
Who, what, where, when and why
What: Report matter: Supreme Court halts woman's sex abuse claim against grandfather's estate. Procedural stage: sentence
When:
- 2014-12-18 Publication
Why: The judge stopped the trial because a key witness- the woman's grandmother- who could have provided testimony died. CNI source report
Case subjects
Defendant
Outcome: A finding of negligent handling was made and the relevant garda officer was "fined the very small sum of €150." Mr Justice Charleton said the woman "was very badly let down" by An Garda Siochana. "From the time her file and statement of 2003 was transferred from the West of Ireland to Dublin, the garda lack of action was a disgrace." The woman appealed the High Court's decision.
Places mentioned
- Aodhan O'Faolain The Supreme Court
- The High Court
- Supreme Court
- High Court
Topics
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