In what is believed to be the first civil action of its kind in the State, a convicted murderer is being sued for damages for loss and suffering by the mother and close relatives of his victim.
Frank McCann, serving a life sentence for murdering his wife, Esther, and their foster baby, Jessica, is being sued.
Mrs Bridget O'Brien is suing McCann for damages arising out of the murder of her daughter, Mrs Esther McCann, who was burned to death in a fire at the McCann home at Butterfield Avenue, Rathfarnham, Dublin, on September 4th, 1992.
Mrs O'Brien, of Glenview Lawn, Tallaght, Co Dublin, will also ask Circuit Court President Mr Justice Esmond Smyth, for a declaration that she is entitled to a major beneficial interest in her daughter's former home.
Mr Justice Smyth was told yesterday that Mrs O'Brien would seek an order for partition of the joint tenancy between McCann and her daughter and sale of the property.
Mr Feichin McDonagh, counsel for Mrs O'Brien, told the court her claim for damages had been brought under Section 4 of the Civil Liability Act and that a defence had been filed by McCann before his trial.
A motion had been brought before the court by Mrs O'Brien's solicitors, Frank Ward and Co, seeking to strike out McCann's defence.
Mr McDonagh said McCann had been convicted of the murder of his wife and an appeal had been turned down by the Court of Criminal Appeal.
Mr Justice Smyth was told McCann had engaged a new firm of solicitors to meet Mrs O'Brien's claims and a barrister had only recently been instructed in the matter.
He adjourned Mrs O'Brien's application and allowed McCann a week to file amended defences to both actions.
McCann, a former international swimmer and swimming coach, was found guilty by a jury of the murder of his wife and their foster child on September 4th, 1992, by causing a gas explosion which set fire to their home.
They had been married in 1987 and had fostered baby Jessica whom Mrs McCann had hoped to adopt.
McCann was convicted at the Central Criminal Court on August 15th, 1996.
His appeal was dismissed in April this year.