The High Court yesterday continued a stay on the payment of £140,000 damages to a woman who was sexually assaulted by a former Dublin publican. Last week a jury in the High Court found Mr William Bonny (52), a building contractor and former owner of the Bonny and Clyde pub, Newmarket, Dublin, had sexually assaulted Ms Monica Reilly (22), of South Brown Street, Dublin, while she worked as a lounge girl at his pub between September 1992 and May 1993.
The jury awarded the damages to Ms Reilly, and Mr Justice Kelly put a stay on payment of the award to allow Mr Bonny time to consider an appeal.
In court yesterday Mr Peter Finlay, counsel for Mr Bonny, asked that the stay continue. He said his client was not in a position to discharge the award and had fully defended the proceedings with a total denial of the allegations.
Mr Finlay said his client believed he had the basis of an appeal on the grounds that the verdict of the jury was perverse based on the evidence before it and that the judge had acted unreasonably and unfairly in allowing the recall of one witness, a Dr O'Neill, to correct evidence given earlier.
Counsel also submitted that the damages awarded by the jury were excessive.
Ms Patricia Dillon, counsel for Ms Reilly, asked that the full amount of the award be lodged in court. She said Mr Bonny had described himself to the court as a substantial builder who had made a success of his life. She said the weight of the evidence placed before the jury substantiated Ms Reilly's claim and it was unlikely the jury's decision would be set aside by the Supreme Court.
She said the defendant had not previously submitted that the decision to recall Dr O'Neill during the trial was prejudicial.
Counsel said Ms Reilly had made her case before a jury for eight days and was entitled to have the full amount of the award lodged in court. Mr Justice Kelly agreed to continue his order staying payment and granted liberty to apply.