A retired judge has gone to the High Court in a bid to strike out a personal injury action against him by a woman who alleges he sexually assaulted her at a book launch in Kerry.
Judge James O’Connor of Glenbeigh, Co Kerry, who retired from the District Court in 2018, has denied all allegations.
The High Court heard that gardaí had investigated the matter and the Director of Public Prosecutions had decided against a criminal case over the alleged assault.
The 49-year-old woman is claiming damages for alleged sexual assault and alleged trespass to the person in what she claims were two incidents at the Gleneagle Hotel, Killarney, in October 2017.
The former judge is seeking an order striking out the proceedings, or an order permanently staying the action.
In a statement of claim, the woman said she had appeared before the judge in relation to family law proceedings, and in 2017 she attended a book launch at the Gleneagle Hotel for the autobiography of Colm “The Gooch” Cooper.
She said after the book signing there was tea and coffee, and she claims she and the judge started talking.
She claimed the judge allegedly positioned himself to the right side of her body and she claimed she could feel his hand touching her hip and allegedly then moving down towards her private parts. She claims she was shocked and unable to speak.
She alleged that later she was walking through the hotel when the judge came directly across her path. She alleged he positioned himself in front of her, put his arms around her, and later slapped her on the buttocks.
She claimed she was extremely distressed and shocked by the alleged assault, and her GP diagnosed post-traumatic stress disorder (PTSD).
In an affidavit, the retired judge said he believed this was a malicious, ill-motivated and entirely unfounded claim, and he said he never at any stage inappropriately touched the woman.
He contends it is a vexatious claim, demonstrated by the alleged delay which he says has occurred and the manner by which the matter has advanced.
He said in October 2023 he was completely taken aback when he received pleadings in the case.
At the High Court on Tuesday, his barrister Elizabeth Murphy applied to strike out the action against her client on grounds of delay.
Ms Murphy said the central thrust of the case was for “personal injuries”, but that her side claimed the action was statute-barred.
She said a GP cannot diagnose PTSD.
Ms Murphy also said that the retired judge was not on notice of a Personal Injury Assessment notification because papers were sent to an address where Mr O’Connor did not live.
She said it was not therefore a “bona fide” application, and that the plaintiff was seeking to use the court “as she sees fit, as opposed to what is required”.
Barrister Laurence Masterson, representing the woman, said no allegation of negligence had been made in the case, and that this meant the limitation period in taking it was therefore six years.
Mr Masterson said the woman brought the proceedings within the time allowed, adding there was nothing in the case to suggest any abuse of process, and that there was “no delay”.
He said the case was neither frivolous nor vexatious and that nothing in the evidence could have borne that out.
Mr Justice Mark Heslin reserved judgment.