The High Court has decided that a man who claims he was physically and sexually abused in State-run institutions cannot pursue a judicial review case. The man was challenging the refusal of the Laffoy commission into child abuse to grant him a hearing because his application was too late.
The commission had ruled the man's application to give evidence to its investigating committee was submitted outside the six-month time limit for such applications.
The man, who cannot be named, claims he was physically and sexually abused in three State-run institutions. He was said to have experienced suicidal tendencies and it was claimed the widely publicised revelations of child abuse had exacerbated his condition.
In its final refusal of October 24th, 2001, the Commission to Inquire into Child Abuse refused to allow him give evidence.The man wrote to the President, Mrs McAleese, on January 1st, 2002 so she might be able to intervene on his behalf with the commission.
In June 2002, the man applied for and secured leave to quash the commission's refusal in judicial review proceedings.
The commission subsequently applied to have the leave set aside. Mr Brian Murray SC, for the commission, said the man was told on September 12th, 2001 that his application was too late. This was confirmed on October 24th, 2001.
He argued the man did not seek leave for his judicial review until June 24th, 2002 which was outside the six months time limit set for such applications and that the man gave no reason for the delay.
The closing date for receipt of requests to give evidence was July 31st, 2001 but the commission had allowed a period of grace up to August 10th, 2001. It was not until August 23rd, 2001 that the man sent the completed form of request to the commission by courier.
Yesterday, in a reserved judgment, Mr Justice Ó Caoimh said he was satisfied the man had failed to establish a good reason for an extension of the time within which he could pursue his judicial review proceedings. The court was not concerned with the merits of his case for judicial review.