A HIGH Court jury has dismissed claims by a solicitor he was slandered by gardaí arising from his being questioned about a complaint from a special needs student that she was sexually assaulted by a man dressed as Santa Claus at a Christmas party.
John Devane had alleged he was slandered by a Garda sergeant, now inspector, Seamus Nolan, when the latter interviewed Alison Carthy, Mr Devane’s former partner and the mother of his daughter, in January 2000 during a Garda investigation into the complaint by the girl.
The complaint was made in 1999, arising from the alleged assault on her in December 1996.
Mr Devane, Quinlan Street, Limerick, brought the action against Insp Nolan; the Ministers for Justice and Finance; the Garda Commissioner; Ireland and the Attorney General. The claims were denied.
The jury was told Mr Devane had at all times categorically denied the allegation of sexual assault and was totally innocent in that regard. No charges were ever brought against Mr Devane in relation to the complaint.
On the eighth day of the case yesterday, the jury found Insp Nolan had not said words to Ms Carthy to the effect that if she or her daughter ever had “any problem” with Mr Devane, “to come to us”. Mr Devane had alleged such words were used.
In his evidence, Insp Nolan agreed he had interviewed Ms Carthy after John Devane had said she was one of a number of people who could confirm he had not played the role of Santa Claus at the party in 1996. He denied he had used the words alleged by Mr Devane.
The verdict was a majority decision, but Mr Justice Eamon de Valera was not informed whether it was 11-1, 10-2 or 9-3.
The judge thanked the jury for its service and also awarded costs against Mr Devane.
Mr Devane’s additional claims that Insp Nolan had slandered him in a statement to his sister and his claim for false imprisonment were withdrawn from the jury by Mr Justice de Valera on grounds of insufficient evidence.
Proceedings against another garda, retired Supt Gerard Mahon, were also withdrawn at an earlier stage.