Bid to have €4.7m damages award for sexual assaults quashed

A man against whom a landmark €4.7 million damages award was made for sexual abuse of two girls may have to give evidence to the High Court in support of his bid to have the award quashed on grounds he had inadequate mental capacity to defend the case.

Joseph Carrick (72) was ordered to pay €4 million to Jacqueline O'Toole and €700,000 to her cousin Geraldine Nolan after two High Court juries found last November that he had raped them when they were children.

Mr Carrick, Carysfort Woods, Blackrock, Co Dublin, claimed he was unable to pay solicitors and did not represent himself.

Having later obtained new solicitors, his counsel John Rogers SC indicated there may be an application to have the jury awards set aside and a new trial ordered. The lawyers had received instructions there were serious questions about Mr Carrick’s mental capacity at the time of the trials, Mr Rogers said.

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The matter was adjourned to allow medical reports to be obtained. Freezing orders over Mr Carrick’s assets remain in place.

Ms Justice Elizabeth Dunne yesterday fixed July 2nd to deal with the capacity issue.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times