DUBLIN, Ireland: An attempt by a retired judge to strike out a High Court action against a woman who alleged he sexually assaulted her at a book launch in a hotel has failed.
Jill St John Harrington alleged that Judge James O'Connor assaulted her at the Gleneagle Hotel, Killarney in Co Kerry, in October 2017, at an event to launch an autobiography of acclaimed Gaelic footballer, Colm ‘The Gooch' Cooper.
O'Connor, from Glenbeigh in the same county, who retired from the District Court in 2018, has denied all allegations.
Gardaí previously investigated the allegations made by St John Harrington, but the Director of Public Prosecutions decided not to bring criminal charges.
St John Harrington, 50, from Tralee, Co Kerry, is now seeking damages in the High Court over an alleged sexual assault.
In a sworn statement, O'Connor said he believed the lawsuit was malicious, motivated, and completely unfounded. He said he never touched St John Harrington inappropriately.
Last week, O'Connor's lawyers asked the court to dismiss the case because of claimed procedural problems. As an alternative, they asked for the case to be permanently halted.
In a judgment published on January 30, Judge Mark Heslin rejected O'Connor's request to have the case thrown out. The judge dismissed several arguments from O'Connor's legal team, including claims that there had been excessive delay in moving the case forward.
The judge also rejected the argument that the case had to be started using a personal injuries summons. Referring to a Supreme Court decision, he said a case may require approval from the Personal Injuries Assessment Board without requiring a personal injuries summons. He said this applied to St John Harrington's case.
Judge Heslin said there was no evidence to support claims that O'Connor's procedural or legal rights had been breached in a way that would make the case an abuse of process.
He said his initial view is that St John Harrington should be awarded the legal costs of the failed strikeout application.
The judge stressed that he was not expressing any opinion on the truth of the allegations, other than noting they are serious and strongly denied.
The case will return to court next month.
