The Supreme Court has ruled that Stephen Beatty’s civil claim alleging that his late father sexually assaulted him as a teenager may proceed towards trial despite the passage of more than four decades since the alleged incident.
Beatty alleges that Walter Beatty Snr sexually assaulted him in the family home in Dublin in 1981, when he was about 15. Proceedings seeking damages were issued in September 2022.
By then, Walter Beatty Snr, aged 89, had serious cognitive impairment and could not give instructions or evidence. He later died in September 2024. Beatty’s mother and his brother John, both identified as possible witnesses to aspects of the alleged events, had also died.
The High Court initially dismissed the case on the basis that the delay had made a fair trial impossible. The Court of Appeal reversed that decision. The Supreme Court has now dismissed the defendants’ further appeal, although for different reasons from those adopted by the Court of Appeal.
Mr Justice Brian Murray held that courts may exceptionally dismiss an old claim before trial where the available evidence has been so diminished by time that no genuine trial on the merits is possible. Crucially, that power does not depend on deciding who was at fault for the delay.
However, the court found that this case had not yet reached that exceptional threshold. The defendants know the detail of the allegation and their father’s denial, can test Beatty’s credibility on several issues, and may be able to challenge other evidence. There is also a possibility that evidence from family members concerning alleged admissions by Walter Beatty Snr could be admissible.
The ruling does not determine whether the alleged assault occurred. Nor does it decide whether the proceedings are within the statutory time limit. Those issues remain for the High Court if the case proceeds to trial.