State wants Sylvia family's €4m claim struck out
Published 25/02/2014 | 02:30
THE State says a €4m civil claim by the family of murdered mother-of-two Sylvia Roche Kelly should be dismissed because it "constitutes an abuse of process".
A series of government parties, including the Garda Commissioner and the Minister for Justice, are also seeking to have the damages claim struck out of court on grounds that it shows no reasonable cause of action.
Yesterday, the High Court set aside May 26 as the date for an application by the State to dismiss a legal action by Ms Roche Kelly's widower Lorcan Roche Kelly.
Mr Roche Kelly is suing for damages, alleging that his wife's killer was "free to commit the crime of murder when he should have been in custody".
The central issue in the action is the fact that the mother's killer was on bail at the time of the murder.
The body of Ms Roche Kelly, from Sixmilebridge, Co Clare, was found lying face down in the bath of a hotel in December 2007, after she met her murderer while out celebrating her 33rd birthday.
She had been beaten violently and strangled.
Gerard McGrath (24), of Ballywalter, Knockavilla, Co Tipperary, was sentenced to life imprisonment after he admitted murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007.
The case of Ms Roche Kelly was included in the dossier given to Taoiseach Enda Kenny last week by Fianna Fail leader Micheal Martin and which had been passed on to him from garda whistleblower Sergeant Maurice McCabe.