A 21-year-old Dublin woman has taken out High Court proceedings seeking damages from the man who was convicted and jailed for raping and sexually assaulting her.
Mr Justice Eamon de Valera was told in the High Court yesterday that Ms Natasha Fitzpatrick (21), of Lally Road, Ballyfermot, had earlier obtained court orders freezing €100,000 damages and legal costs which Clondalkin man Michael Whelan had obtained in a personal injuries settlement with Dublin Bus.
Mr Cormac Clancy, counsel for Lawline solicitors, told the court he was seeking to have a restraint order lifted against €25,000 of the overall amount.
This constituted legal costs awarded by agreement to Lawline who had represented Whelan. Mr Justice de Valera heard Whelan (23), of St Mark's Gardens, Clondalkin, had obtained a settlement award of €75,000 damages together with the €25,000 agreed costs.
Since then injunctions had been obtained by Ms Fitzpatrick restraining the €75,000 damages being paid out to Whelan currently serving a six year sentence in Wheatfield Prison for the rape and sexual assault on Ms Fitzpatrick. The court had heard in the Dublin Bus proceedings that Whelan had suffered brain and eye injuries when aged 14 when a wild horse he had been riding along Neilstown Road, Dublin, had collided with a bus.
Whelan's father, also Mr Michael Whelan, successfully applied for the proceedings to be adjourned until October 11th to facilitate his son taking legal advice.