The High Court has refused to halt the hearing of an action for damages by a Co Donegal woman over an alleged assault by a former Detective Garda.
Karen McGlinchey, whose sister Adrienne was a key witness before the Morris Tribunal inquiry into corruption among gardaí in Co Donegal, has sued Detective Garda Noel McMahon, another central tribunal witness, the Garda Commissioner and the State arising from an alleged assault by the detective in 1999.
The defendants had applied to the High Court to strike out Ms McGlinchey's claim on grounds of excessive delay.
However, Mr Justice Daniel Herbert today dismissed that application after finding the delay had not prejudiced the defendants' right to a fair trial and the balance of justice favoured having the case proceed.
The judge did warn that he would not tolerate any further delays.
In her claim, Ms McGlinchey, with an address in Letterkenny, alleged that Det McMahon assaulted her in her home on 19 April, 1999.
She also claimed the detective threatened to kill her sister Adrienne if Karen assisted with an internal investigation being carried out by the gardaí into certain matters.
Ms McGlinchey has claimed damages, including aggravated damages, for alleged assault, battery, trespass against the person, false imprisonment, conspiracy, infringement of human rights, negligence and breach of duty.
In his judgment, Mr Justice Daniel Herbert noted 10 years had elapsed between the incident and the statement of claim being filed in August 2009.
This was an important case because the career and reputation of Mr McMahon was at stake and the allegations could also undermine public confidence in the garda force, the judge said.
While there was undoubtedly 'inordinate and inexcusable' delay on the part of the plaintiff, the defendants had not shown the delay would substantially prejudice their case to such an extent they could not receive a fair hearing, he ruled.
It could not be argued the clarity of recall of witnesses would be affected as the only witnesses referred to in the proceedings were Ms McGlinchey and Mr McMahon, the judge also noted.
Mr McMahon's garda training should actually be an asset in that regard as he was trained and practised in accurate recall, he added. The delay would also not affect the documents available to either side, he found.
The judge remarked he was not impressed with the explanations by Ms McGlinchey for the delay, which included the impact the case would have on her evidence before the Morris Tribunal and claims her High Court case would have more strength if she launched it in tandem with another case brought by Adrienne.
Such a 'carefully planned strategy' was 'totally at variance with the proper conduct of adversarial proceedings' in the courts, he said.
