Retired Kerry judge seeks to strike out sexual assault case over alleged Killarney hotel incident

Ann O'Loughlin

A retired District Court judge has gone to the High Court in a bid to strike out a personal injuries action against him by a woman who alleges she was sexually assaulted by him at a book launch in Kerry.

Judge James O'Connor of Glenbeigh, Co Kerry, who retired from the bench in 2018, has denied all allegations. The High Court heard that gardaí had investigated the matter and the DPP had decided against a criminal prosecution 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 alleged incidents at the Gleneagle Hotel, in Killarney, Co Kerry, 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 was attending a book launch at the Gleneagle Hotel in Killarney 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.

Later she claims she was walking through the hotel when she alleged the judge came directly across her path . She alleged he positioned himself in front of her and she alleged he put his arms around her and he later allegedly slapped her on the buttocks, she claims.

She claimed she was extremely distressed and shocked by the alleged assault and her GP diagnosed PTSD.

In an affidavit the retired judge James O’Connor said he believed that it 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 and this he submits is demonstrated by the alleged delay which he says has occurred and the manner by which the matter has advanced.

He said the criminal complaint made by the woman was fully investigated and he was interviewed at length by gardaí in April 2018.

He said in December 2018, his solicitors were informed by gardaí confirming that the Office of the Director of Public Prosecutions had directed that no prosecution be instituted.

He said in October 2023 he was completely taken aback when he received pleadings in the case.

Judge O’Connor also claims that if the action proceeded he will be placed in a position where he will have to identify persons who attended the book launch in 2017 and ascertain whether they still remember what occurred six years ago.

At the High Court on Tuesday, Elizabeth Murphy BL, for Judge James O'Connor,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" and that her side claimed that the action was statute-barred.

She said that the woman had claimed a GP diagnosed her from suffering from PTSD but counsel said a GP cannot diagnose PTSD.

Ms Murphy said that because the retired judge was not on notice of a PIAB 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 woman was seeking to use the court "as she sees fit, as opposed to what is required".

Ms Murphy said she was asking the court to strike out the matter on "procedural grounds", not on jurisdictional grounds, and that the case was brought outside of the two-year time-limit.

Laurence Masterson BL, for the woman said that no allegation of negligence had been made in the case and that this meant that the limitation period in taking the case was therefore six years.

Mr Masterson said the woman brought the proceedings within the time allowed, adding that there was nothing in the case to suggest any abuse of process and there was "no delay".

He said the case was neither frivolous or vexatious and that nothing in the evidence could have borne that out.

Mr Justice Mark Heslin reserved judgement.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.

As part of a pilot project BreakingNews.ie has used AI to suggest headline options for this article. The final headline was chosen and edited by BreakingNews.ie journalists. Find out more