{"id":295302,"date":"2026-01-21T05:42:07","date_gmt":"2026-01-21T05:42:07","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/295302\/"},"modified":"2026-01-21T05:42:07","modified_gmt":"2026-01-21T05:42:07","slug":"retired-judge-seeks-to-strike-out-lawsuit-alleging-sexual-assault-at-book-launch-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/295302\/","title":{"rendered":"Retired judge seeks to strike out lawsuit alleging sexual assault at book launch \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">A retired judge has gone to the <a href=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\">High Court<\/a> 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.<\/p>\n<p class=\"c-paragraph paywall \">Judge James O\u2019Connor of Glenbeigh, Co Kerry, who retired from the District Court in 2018, has denied all allegations. <\/p>\n<p class=\"c-paragraph paywall \">The High Court heard that garda\u00ed had investigated the matter and the Director of Public Prosecutions had decided against a criminal case over the alleged assault.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">The former judge is seeking an order striking out the proceedings, or an order permanently staying the action.<\/p>\n<p class=\"c-paragraph paywall \">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 \u201cThe Gooch\u201d Cooper.<\/p>\n<p class=\"c-paragraph paywall \">She said after the book signing there was tea and coffee, and she claims she and the judge started talking.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">She claimed she was extremely distressed and shocked by the alleged assault, and her GP diagnosed post-traumatic stress disorder (PTSD).<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">He said in October 2023 he was completely taken aback when he received pleadings in the case.<\/p>\n<p class=\"c-paragraph paywall \">At the High Court on Tuesday, his barrister Elizabeth Murphy  applied to strike out the action against her client on grounds of delay.<\/p>\n<p class=\"c-paragraph paywall \">Ms Murphy said the central thrust of the case was for \u201cpersonal injuries\u201d,  but that her side claimed  the action was statute-barred.<\/p>\n<p class=\"c-paragraph paywall \">She said a GP cannot diagnose PTSD.<\/p>\n<p class=\"c-paragraph paywall \">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\u2019Connor did not live.<\/p>\n<p class=\"c-paragraph paywall \">She said it was not therefore a \u201cbona fide\u201d application, and that the plaintiff was seeking to use the court \u201cas she sees fit, as opposed to what is required\u201d.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">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 \u201cno delay\u201d.<\/p>\n<p class=\"c-paragraph paywall \">He said the case was neither frivolous nor vexatious and that nothing in the evidence could have borne that out. <\/p>\n<p class=\"c-paragraph paywall \">Mr Justice Mark Heslin reserved judgment.<\/p>\n","protected":false},"excerpt":{"rendered":"A retired judge has gone to the High Court in a bid to strike out a personal injury&hellip;\n","protected":false},"author":2,"featured_media":46393,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[9,10,18,13,14,6,10476,19,17,11,12,15,16,5,7,8],"class_list":{"0":"post-295302","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ireland","8":"tag-breaking-news","9":"tag-breakingnews","10":"tag-eire","11":"tag-featured-news","12":"tag-featurednews","13":"tag-headlines","14":"tag-high-court","15":"tag-ie","16":"tag-ireland","17":"tag-latest-news","18":"tag-latestnews","19":"tag-main-news","20":"tag-mainnews","21":"tag-news","22":"tag-top-stories","23":"tag-topstories"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/115931496221332772","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/295302","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=295302"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/295302\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/46393"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=295302"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=295302"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=295302"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}