independent

Thursday 21 August 2014

Assault claims dismissed

Dnal Nolan

Published 02/04/2014 | 05:36

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Retired garda Thomas Noonan
Antoinette Canty, who has lost her action for damages in a civil case against retired garda Thomas Noonan

A NORTH Kerry woman who claimed a Listowel garda sexually assaulted her over 13 years ago had her case dismissed at the High Court on Tuesday after it was found her claims were 'devoid of any foundation in fact'.

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A NORTH Kerry woman who claimed a Listowel garda sexually assaulted her over 13 years ago had her case dismissed at the High Court on Tuesday after it was found her claims were 'devoid of any foundation in fact'.

Antoinette Canty, a hairdresser from Causeway, lost her action for damages in a civil case against now retired garda Thomas Noonan.

She claimed he had sexually assaulted her while giving her a lift home in a patrol car after she was on a night out in Listowel on March 16, 2001.

However, Mr Justice Iarflaith O'Neill found that Ms Canty's capacity to remember the events of the night were impaired by the amount of drink she had taken.

Mr Noonan denied the claims throughout the civil action. Mr Justice O'Neill ultimately found the garda had carried out his duty on the night properly.

The court heard Mr Noonan had driven Ms Canty in his patrol car on the night, but only as far as Listowel Garda Station from a nearby fast-food outlet to allow her phone home for a lift. Ms Canty fled from the car as he was entering the garda station.

The judge found it probable that she had experienced a 'frightening event' in another car later that night, but that this car had not been driven by Mr Noonan and was not a garda patrol car.

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Kerryman

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