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Sunday 31 August 2014

Woman can sue ex-garda for damages over rape claim

Tim Healy

Published 13/07/2013 | 05:00

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A WOMAN can proceed with an action against a retired garda she accuses of raping her, the High Court has ruled.

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The former officer was involved in investigating her claims of being abused by a relative, the court heard.

High Court President Mr Justice Nicholas Kearns dismissed an application by the retired garda to have her action for damages against him struck out on grounds including that her case was bound to fail.

The woman claims the officer was involved in investigating claims of rape and sexual abuse she had made against an uncle.

Proceedings against the uncle were halted after the High Court upheld his claims that he could not get a fair trial due to the delay in bringing her case.

The woman later initiated civil proceedings alleging rape and assault by the former garda, who denies her claims, saying he was involved in a consensual relationship with her.

His lawyers asked the High Court to dismiss her claim for damages because she had failed to apply for an assessment from the Personal Injuries Assessment Board (PIAB).

It was also claimed that the action was speculative and was bound to fail.

The woman, represented by Martin Giblin SC, opposed the motion.

Counsel said an authorisation from PIAB was not required in a case such as this.

In his ruling, Mr Justice Kearns agreed with submissions made by Mr Giblin and dismissed the man's application. He said he was satisfied that an authorisation under the 2003 PIAB Act was not required in this action and the case should proceed.

It was adjourned to the next court list to fix dates for jury trials.

Irish Independent

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