By Tom Arden
The Supreme Court has dismissed Eileen O’Keefe’s appeal in her negligence proceedings against psychiatrist Dr Patricia Casey, holding that the doctor was protected by witness immunity for her role in earlier marriage nullity proceedings.
The dispute dated back to O’Keefe’s marriage in Castlehaven, County Cork, in July 1983. Her husband later sought a decree declaring the marriage null. He argued that she had suffered from a personality disorder at the time of the marriage which left her unable to form and sustain a normal marital relationship.
In 1986, the Master of the High Court appointed Dr Casey to examine O’Keefe and report directly to the court. Dr Casey submitted a report in January 1987 and later gave evidence during a six-day High Court hearing. She was extensively cross-examined. The High Court subsequently granted the decree of nullity. O’Keefe’s appeal against that decision was dismissed in 1990.
In 1992, O’Keefe began separate proceedings. She alleged, among other matters, that Dr Casey had been negligent in carrying out the psychiatric assessment, checking information supplied by others and relying on allegedly inaccurate material.
Mr Justice O’Sullivan later struck out the claim against Dr Casey. The issue eventually returned to him specifically on whether an expert witness was immune from proceedings arising from evidence given for a court case. He ruled that she was.
The Supreme Court agreed. Mr Justice Francis D Murphy said witness immunity exists not as a personal privilege but to protect the administration of justice. It allows witnesses to give evidence without fear that a dissatisfied litigant will later sue them over it.
The court noted that Dr Casey had been appointed independently by the High Court rather than retained by either party. Her work and conclusions had also been tested through cross-examination during the original case.
The court said immunity could be lost where a witness abused that position. No such allegation capable of meeting that exception arose here. The appeal was dismissed, ending O’Keefe’s claims against Dr Casey.