MS MICHELLE Rocca and her former partner, Mr Cathal Ryan, have reached agreement on the costs of her action for assault and each side will pay its own costs, the High Court was told yesterday.
Mr Justice Moriarty was told that Ms Rocca's concern was never about money, it was the question of an apology which was not forthcoming. Having regard to the verdict, she was not seeking costs.
For Mr Ryan, it was stated that he was most conscious of the need to lessen unnecessary bitterness generated by the case and allow the parties some measure of dignity.
It is estimated that the total costs which Ms Rocca and Mr Ryan will share amount to nearly £290,000 for the High Court action. The matter had been adjourned from last week, when a jury awarded £7,500 damages to Ms Rocca in her action against Mr Ryan for assault.
Mr Justice Moriarty was also told that Mr Ryan was waiving his claim against Ms Rocca to pay the difference between costs on the High Court scale and costs on the Circuit Court scale - which would have been substantial.
There had been speculation that because the damages award at £7,500 was well within the Circuit Court scale, Ms Rocca might have faced a bill for the difference.
Mr Liam Reidy SC, for Ms Rocca, said that her concern in the case was never about money, or indeed about costs.
"The predominant concern and the key issue as far as she was concerned was the question of an apology which was not forthcoming. In those circumstances and having regard to the verdict of the jury, she has instructed me not to seek any order for costs," he said.
Mr Garrett Cooney SC, for Mr Ryan, said that as far as his client was concerned it was never a matter of money or costs, it was a matter of truth, which was established by the jury in no uncertain terms.
Mr Cooney said the judge would appreciate that the amount of costs which Ms Rocca would have received would have been very small indeed, not greater than the damages. Nevertheless, the gesture was appreciated.
Mr Cooney said the judge was permitted (under the legislation) to order Ms Rocca to pay the difference between the costs Mr Ryan actually incurred and the lower sum he would have had to pay had he been defending the claim in the Circuit Court.
That sum would be very substantial and would easily exceed the sum now due to Ms Rocca for both damages and costs.
Mr Ryan had carefully considered such an application. He had taken into account the particular background and circumstances of the case.
"He is most conscious of the need to lessen the unnecessary bitterness generated by the case and to allow the parties some measure of dignity. This is most important in relation to the children and in particular to his daughter, Claudia," Mr Cooney said.
For chose reasons, he had been instructed not to pursue an application for the difference.
Mr Justice Moriarty said that was a show of magnanimity on behalf of both parties that seemed to reflect some anxiety to put the situation behind them.
He appreciated that both parties had shown a degree of composure and dignity, even after the obvious difficulties of the protracted hearing. He commended them and their advisers for that degree of restraint and forbearance.
He confirmed the order of £7,500 damages for Ms Rocca and made no order for costs. It was preferable that the parties had agreed to a consensual end to what was a set of painful proceedings for both sides.
Mr Reidy said Ms Rocca was Obviously concerned about their daughter, Claudia. Efforts would be made to reconcile the differences in that regard in the future.
Mrs Cooney said he had not understood that their daughter would have been discussed in open court. But now that it had been mentioned, his side welcomed that some normality might be introduced.
Mr Justice Moriarty said it had never occurred to him that both parties were other than totally devoted to their joint child and the other children.
The case arose from an incident in a bedroom during a party at Blackhall Stud, near Clane, Co Kildare, in the early hours of March 22nd, 1992.
A jury of seven women and five men found Mr Ryan assaulted Ms Rocca. The jury also found that Mr Ryan had acted in defence of Ms Sarah Linton, who was stated to have been in a bed on which Mr Ryan was lying at the time.
The jury also found that the force used by Mr Ryan exceeded what was, in all the circumstances, necessary to restrain Ms Rocca. They assessed compensatory damages at £7,500 and made no award of aggravated damages.