A Dublin family who moved to Co Kerry for "a better quality of life" are suing the State for damages, claiming they were shunned by the local community after gardaí told the media their nephew, a convicted rapist, was living with them.
Alan Gray, his wife Phyllis and their son Francis, North Circular Road, Dublin, claim their constitutional rights to privacy were breached when gardaí told the media that a relative, a convicted sex offender, had been staying with them. James O'Donoghue lived with them for five weeks in 1999.
Following the revelations, the family say they were shunned by the local community and returned to Dublin. As a result of the alleged actions of the Garda, they claim they suffered mental distress, anxiety and personal injury. The defendants deny the claims.
Opening the case, Mark de Blacam SC, said the Grays and their five children moved to Ballybunion in Kerry in 1995 as part of the rural resettlement scheme. Mr Gray got work locally, the children attended school and got on well generally.
In February 1999, Mr O'Donoghue, then aged 35, came to stay with them. He had just left prison after serving 10 years of a 12-year sentence for rape and had previous convictions for robbery and indecent assault.
In late March, a garda told the Grays "it would cause trouble" if it became known locally that Mr O'Donoghue was staying with them, Mr de Blacam said. A few days later two gardaí called to their house, their eldest son Francis was pushed and Mr O'Donoghue threatened with violence "if he did not leave town".
The Grays decided to drive Mr O'Donoghue back to Dublin. When they returned to Ballybunion, they went to the Garda station to inform them that he was gone but the sergeant on duty told them that the story was "already going out into the newspapers".
The Grays also received a phone call from a person claiming to be a "councillor Behan" who asked them was the rapist going to be around for long.
The day after that call, they claim an article appeared in the Examiner newspaper, entitled "Councillor seeks action as rapist avails of rural resettlement". Other articles appeared in the Star and Kerryman newspapers.
Mr Gray said his nephew came to stay with the family after he was released from prison. He could not turn him away, but Mr O'Donoghue was only allowed to stay for a few weeks and after that he was to move on.
However, after his presence in the town became public knowledge, people's attitude changed towards his family, he said. Before that they had got on "fantastic" in the locality.
One time a car pulled alongside him and two men whom he did not know got out, pinned him against a fence and told him to "get the f... out of here or you are going to be sorry". While he was prepared to "ride out the storm", his family could not put up with this and it was decided to return to Dublin as "people were never going to accept us."
They were given emergency housing by Dublin Corporation at a B&B in Rathgar. However they had to leave there at 10am and could not return until 5pm. They spent hours sitting in cars and had to eat at restaurants all the time.
Ms Gray said the family had got on well in Kerry, but it had turned into a nightmare. Local children were told "not to play with the Grays" and her daughter was told not to come to the local youth club. People she knew ignored her. She agreed they did get some local support.
The case before Mr Justice John Quirke continues today.