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The High Court has refused to strike out a case involving historic allegations of sexual abuse, where the plaintiff, a woman, claims she was assaulted by her brother during her childhood. The defendant sought to have the proceedings dismissed, arguing that the significant time elapsed since the alleged events (approximately 44-46 years ago) prevented a fair trial. The court acknowledged the challenges posed by the passage of time, including the death of potential witnesses and the loss of documentary evidence. However, the court was not persuaded that these factors would prevent a fair trial, particularly given the potential testimony of the plaintiff's sister and the availability of Army records and medical documents. The court emphasised the strong presumption in favour of a trial on the merits and concluded that the defendant had not met the high threshold required to strike out the case on the grounds of delay.
historic sexual abuse, fair trial, delay in proceedings, striking out application, witness testimony, documentary evidence, Army records, medical records, O'Domhnaill v Merrick, IBRC v Fingleton, presumption of trial on merits, High Court, non-culpable delay, impairment to report abuse, right to fair hearing, justice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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