An action taken against the North-Western Health Board and a doctor in relation to their handling of the case of a Co Sligo woman who claims she was abused by her father has been adjourned until next month.
The adjournment has been granted to allow for examinations of Ms Sophia McColgan by psychiatrists acting for the board and for Dr Desmond Moran, of Stephen Street, Sligo.
The examinations relate to a legal question of Ms McColgan's ability to manage her own affairs during the period from 1988 (when she reached 18 years of age) to 1992.
Yesterday was the sixth day of the action for damages by Ms McColgan (27), who now lives in Castlebar, Co Mayo, and is formerly of Ballinacarrow, Ballymote, Co Sligo, against the board and Dr Moran.
Ms McColgan and other members of her family were assaulted by their father, Joseph, over a number of years, the court has heard. Their father is serving a 12year jail sentence.
The question of whether Ms McColgan was suffering from a mental disability between 1988 and 1992 arose yesterday during evidence from Ms Ruth MacNeilly, a counsellor with the Mayo Rape Crisis Centre.
Ms MacNeilly said she found Ms McColgan was "a very broken person" and "a shell" when she met her in 1995.
Mr James Nugent SC, for Ms McColgan, asked whether his client would have been in any position in 1995 to take important decisions in relation to the experiences she had had.
At that stage, Mr Patrick Hanratty SC, for Dr Moran, objected and said no case of disability had been claimed on behalf of Ms McColgan. Dr Moran and the health board had pleaded the statute of limitations applied to the case, meaning that the action was barred three years after Ms McColgan reached her 18th birthday in 1988.
Counsel said Ms McColgan's legal team was pleading she was entitled to be an exception to the three-year rule. That exception is known as the "date of knowledge" exception and was provided for in the Statute of Limitations (Amendment) Act 1981.
But Ms McColgan's team had not pleaded a disability defence, Mr Hanratty said. Dr Moran and the health board were not in court to deal with a disability defence.
Counsel said such a defence was provided for in Section 54 of the Statute of Limitations Act, 1957. It involved the proposition that Ms McColgan was of unsound mind, which has been interpreted by the courts as meaning incapable of managing her own affairs.
Mr Hanratty said he had not directed proofs or witnesses in relation to the issue of disability.
If the plea of "disability" was allowed to run at this stage he would not be ready to meet it and a grave injustice would be done to his client, counsel said.
Mr Nugent said the defence could not have been taken by surprise by such a plea. Mr John Rogers SC, for the health board, said he would have had Ms McColgan examined for disability had he known her lawyers were going to make a case on "disability". That plea had taken the defence entirely by surprise.
Mr Justice Johnson adjourned the hearing for a time to allow Ms McColgan's claim to be amended through the addition of a claim of "disability". He said he could not see how either defence counsel had been taken by surprise.
After the amendment had been handed into court, Mr Rogers said he was facing a completely new matter seven days into the trial. He required time so that Ms McColgan could be examined.
Mr Nugent said an examination on the lines suggested by the defence could not involve an examination away from her lawyers.
Mr Justice Johnson said he had already agreed to allow the amendment. He accepted counsel for the defence did not anticipate this point.
He directed that Ms McColgan be available for examination by defence psychiatrists in the presence of her lawyers and adjourned the hearing until January 13th.