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A retired judge is attempting to have a personal injury lawsuit against him dismissed in the high Court. The lawsuit was brought by a woman who alleges she was sexually assaulted by him at a book launch in County Kerry.
Judge James O’Connor, who retired from the District Court in 2018, vehemently denies all allegations. He is seeking an order to strike out the proceedings or, alternatively, a permanent stay of the action.
Background of the case
The woman, 49, claims she experienced sexual assault and trespass to the person during two incidents at the Gleneagle Hotel in Killarney in October 2017. She alleges that she and Judge O’Connor began speaking after a book signing for Colm “the Gooch” Cooper’s autobiography. She claims the judge positioned himself close to her, and she felt his hand touching her hip and moving towards her private parts, leaving her unable to speak. She further alleges that later, while walking through the hotel, the judge blocked her path, put his arms around her, and slapped her on the buttocks.
As a result of the alleged assaults, the woman claims to have been severely distressed and was diagnosed with post-traumatic stress disorder (PTSD) by her general practitioner.
judge O’Connor’s Defense
In an affidavit, Judge O’Connor described the claim as “malicious, ill-motivated and entirely unfounded,” stating he never inappropriately touched the woman. He argues the claim is vexatious, citing delays in bringing the case forward and the manner in which it has progressed. He expressed shock upon receiving the legal pleadings in October 2023.
Legal Arguments Presented in Court
At a High Court hearing on Tuesday,Elizabeth Murphy,representing Judge O’Connor,applied to strike out the action based on grounds of delay. She argued that the case centers on “personal injuries” and is therefore statute-barred. She also questioned the validity of a PTSD diagnosis by a general practitioner, stating that GPs are not qualified to make such diagnoses.
Ms. Murphy further contended that the plaintiff’s Personal Injury Assessment notification was sent to an incorrect address, rendering the application not “
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