A retired judge has failed in his bid to strike out a High Court action brought by a woman who alleges he sexually assaulted her at a book launch in Co Kerry.
Jill St John Harrington alleges retired judge James O’Connor assaulted her at the Gleneagle Hotel, Killarney, in October 2017, at an event to launch an autobiography of acclaimed Gaelic footballer, Colm ‘The Gooch’ Cooper.
Mr O’Connor, of Glenbeigh, Co Kerry, who retired from the District Court in 2018, has denied all allegations.
Gardaí previously investigated the allegations made by Ms St John Harrington, but the Director of Public Prosecutions decided against a criminal case.
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Ms St John Harrington (50), of Tralee, Co Kerry is seeking damages in the High Court arising from the alleged sexual assault.
In a sworn statement, Mr O’Connor said he believes the lawsuit to be malicious, ill-motivated and entirely unfounded. He said he never inappropriately touched Ms St John Harrington.
In an application moved last week, lawyers for Mr O’Connor sought to have the proceedings struck out on the basis of alleged procedural defects.
Alternatively, Mr O’Connor sought to have the proceedings permanently stayed.
In a judgment published on Friday, Mr Justice Mark Heslin dismissed Mr O’Connor’s effort to have the proceedings struck out.
The judge rejected various arguments made by Mr O’Connor’s side, including that there was inordinate delay in advancing the proceedings.
The judge also disagreed with the defendant’s claim that the case, given it is a claim of personal injuries, must be initiated by preparing and serving a personal injuries summons.
With reference to a Supreme Court ruling, the judge said was it was possible for an action to require authorisation by the Personal Injuries Assessment Board, but not require initiation via a personal injuries summons.
This was the case for Ms St John Harrington’s action, he said.
The judge said there was no evidence, as was claimed, of Mr O’Connor’s suffering a breach of his procedural and statutory rights to such an extent “that the proceedings themselves constitute an abuse of process”.
The judge said his preliminary view was that Ms St John Harrington is entitled to the costs of the strikeout motion.
The judge noted that he was expressing no view on the substantive allegations in the case, other than they are serious allegation that are emphatically rejected.
The case returns next month.
