A retired garda has lost his bid to prevent a woman suing him in the High Court over alleged rape and assault. The woman alleges the former garda was involved in investigating her claims of being sexually abused by her uncle, the court heard.
President of the High Court Mr Justice Nicholas Kearns yesterday dismissed the preliminary application by the man, who retired from the Garda some years ago, to have the woman's civil action for damages struck out.
The woman claimed the applicant was involved in investigating claims of rape and sexual abuse she had made against an uncle. Criminal proceedings against her uncle were halted after the High Court upheld his claims he could not get a fair trial due to delay in bringing her case.
The woman later initiated civil proceedings alleging rape, assault and trespass against the former garda who denies her claims and alleges he was involved in a consensual relationship with her.
In a preliminary motion, lawyers for the former garda asked the High Court to dismiss her action on grounds including she failed to apply for an assessment or authorisation from the Personal Injuries Assessment Board before she began her action. Martin Giblin SC, for the woman, rejected those claims.
In his judgment, Mr Justice Kearns said he was satisfied an authorisation under the 2003 PIAB Act was not required in this action and the case should proceed.
The case has been adjourned to the next court list to fix dates for jury trials.