Courts / Tipperary / Report
Widower of murdered mum Sylvia Roche Kelly has damages action against the State struck out
Summary
The High Court has struck out a damages action brought by Lorcan Roche Kelly against the State following the murder of his wife, Sylvia Roche Kelly, in December 2007. Ms Roche Kelly, a mother of two, was killed at The Clarion Hotel in Limerick by Gerard McGrath, who was later sentenced to life imprisonment. Mr Roche Kelly had sued the State, the Garda Commissioner, and the Minister for Justice, claiming that McGrath should have remained in custody rather than being granted bail on charges relating to an assault on a taxi driver in County Cavan and false imprisonment in County Tipperary. High Court President Mr Justice Nicholas Kearns dismissed the claim, acknowledging the case's tragic nature but finding it disclosed no reasonable cause of action under existing law. While the judge described the handling of bail procedures by An Garda Síochána as negligent and disgraceful, he concluded that McGrath's actions were not reasonably foreseeable and that no special duty of care towards the deceased had arisen.
Who, what, where, when and why
What: Report matter: Widower of murdered mum Sylvia Roche Kelly has damages action against the State struck out. Charges or matters: assault on a female taxi driver in Co Cavan in April 2007 and was admitted to station bail and later remanded on continuing bail; the false imprisonment of the girl. Procedural stage: sentence
When:
- December 2007 Incident
- December 8th, 2007 Hearing Or Sentence
- April 2007 Adjournment
- October 2007 Adjournment
- 2015-01-23 Publication
Why: " Ms Roche-Kelly and McGrath were unknown to each other and to say that certain legal requirements that would allow the case proceed merely because of the gender of the deceased was not a sustainable proposition. CNI source report
Case subjects
Applicant
Charges: assault on a female taxi driver in Co Cavan in April 2007 and was admitted to station bail and later remanded on continuing bail; the false imprisonment of the girl (Alleged Or Contested)
Outcome: Gerard McGrath, with a last address at Ballywalter, Knockavilla, Co Tipperary, was later sentenced at the Central Criminal Court to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8th, 2007.; McGrath was charged with assault on a female taxi driver in Co Cavan in April 2007 and was admitted to station bail and later remanded on continuing bail.
Applicant
Charges: assault on a female taxi driver in Co Cavan in April 2007 and was admitted to station bail and later remanded on continuing bail; the false imprisonment of the girl (Alleged Or Contested)
Outcome: Gerard McGrath, with a last address at Ballywalter, Knockavilla, Co Tipperary, was later sentenced at the Central Criminal Court to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8th, 2007.; McGrath was charged with assault on a female taxi driver in Co Cavan in April 2007 and was admitted to station bail and later remanded on continuing bail.
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