MS MICHELLE Rocca told the High Court yesterday that she did not go to the gardai after Mr Cathal Ryan assaulted her in 1992 because it would have attracted media attention and she was considering her daughter's welfare.
During cross examination by Mr Garrett Cooney SC, for Mr Ryan, Ms Rocca said she decided to issue proceedings against him because he was making demands about access to her daughter and she would not let him see her in those circumstances. He was a bully and she was determined to stand up to him.
She claimed he became belligerent about the child coming to stay in his Tipperary home with her nanny. She said Mr Ryan became violent when drunk and was a bully and she wanted the child's nanny to be with her.
Turning to the Moloneys' birthday party Mr Cooney said Mr Ryan would say in evidence that after greeting her at the party he had no further conversation with her. He had arrived with Ms Lindon and both had circulated among the guests.
Mr Cooney said Ms Lindon had travelled from Tipperary; she had been working all day and was tired and ill. She told this to Ms Moloney, who brought her to a twin bedroom to rest. She must have got into bed and fallen asleep.
Mr Ryan went searching for Ms Lindon and when he found her he lay down beside her. He was outside the bedclothes, fully clothed except for his jacket, Mr Cooney said. Mr David Marshall came in and found the couple asleep. He fell asleep in another bed in the room.
There was laughter from the public gallery. Mr Justice Moriarty said it was an important case which should not be turned pinto a street theatre. He urged people to refrain from jocularity.
Mr Cooney said that Mr Marshall would say in evidence that he had been invited to stay overnight to play golf with Mr Ryan the next morning. He went to the twin bedroom allocated to him and got into the other bed. He was woken by Ms Rocca screaming and shouting obscenities. He claimed that Ms Rocca launched an attack on Ms Lindon, gripped her by the hair and pulled her from the bed to the centre of the floor, Mr Cooney said.
Ms Rocca: "Bullshit!"
Mr Ryan could not believe what was happening, Mr Cooney said. He thought he had a nightmare and was waking into another nightmare. He tried to separate Ms Rocca from Ms Lindon, who was trying to defend herself.
Mr Cooney said Ms Rocca was beside herself with fury and Mr Ryan restrained her for a minute or so before getting her out of the bedroom.
Ms Rocca: "No. That is not true."
Mr Cooney said the struggle was violent because Ms Rocca was in such a rage. It was during the struggle, when Mr Ryan was trying to restrain Ms Rocca, that she sustained her injuries, he said.
Ms Rocca: "That is not true."
Mr Cooney said Ms Rocca had not challenged evidence given by Ms Moloney that she had asked her if she wanted to see a doctor.
Ms Rocca: "I did not want to see a doctor. I just wanted to go home and get out of there."
When asked if Ms Moloney had mentioned calling the gardai, Ms Rocca said, no, she did not. Mr Cooney asked why did she not report the crime to the gardai.
Ms Rocca said her sisters had urged her to but she thought calling the gardai would also attract the media. Mr Ryan's father, Dr Tony Ryan, had asked her not to contact the gardai but she had never intended doing so. Many months later she had a different reason for issuing proceedings against him.
Ms Rocca said an agreement on Mr Ryan's access to his daughter was not renewed after 12 months. It fell apart when Mr Ryan insisted that the child visit him without her nanny.
Mr Ryan had beaten her and broken her nose, said Ms Rocca. He was a woman beater and she was not going to let her child stay with him without her nanny. He was also a heavy drinker and became violent when drunk.