Historical childhood sexual abuse claim dismissed on grounds of delay where defendant is of advanced age

Application to dismiss the proceedings on grounds of delay - proceedings concern an alleged incident of sexual abuse occurring around 1981 when the Plaintiff was 15 - home from boarding school on a short visit - allegation of abuse of the Plaintiff by his father - alleged to have occurred in the bedroom the Plaintiff shared with his now deceased brother in their childhood family home - criminal prosecution was initiated - complaint made by the Plaintiff to An Garda Siochána in 2017 - prosecution was discontinued - nolle prosequi in 2020 - Defendant had a stroke in 2019 - permanently incapacitated - unfit to give evidence in his defence - Defendant enjoyed a long and successful professional career as a lawyer – Plaintiff was a successful Doctor – allegation is that the Plaintiff claims father drinking - visited him in the bedroom he was sharing with his brother - conversation about sex - touched the Plaintiff in a sexually inappropriate and abusive manner – claimed that he then fell asleep on the bed – Plaintiff says that brother in bedroom and Mother present in house may have known – both now deceased - Plaintiff claims that the Defendant admitted the incident to him – The Plaintiff made disclosures about the abuse to persons – in 2003 the Plaintiff wrote a letter to each of his siblings about the allegation – Plaintiff says that family attitude is ‘family omerta’ – now deceased mother and brother deny allegation – Defendant - significant stroke, severe dementia and a lack of capacity to deal with any legal issue or to testify – no improvement in the future – Re. Plaintiff’s delay in reporting - Adult Psychiatrist - reported incident of abuse had caused symptoms of Post Traumatic Stress Disorder in the mild-moderate range - impaired him to the point that he did not report the abuse until 2017 - Plenary Summons - 2022 - more than forty years after the occurrence of the alleged incident of sexual abuse – Plaintiff queried whether there may be sufficient evidence already in existence to overcome the Defendant’s incapacity - Statute of Limitations (Amendment) Act 2000 - extended the time limit for taking civil proceedings for sexual assault - Court noted that the institution of proceedings following a long period of delay- problems - impossibility of finding evidence with which to rebut a false claim - O’Domhnail principles - delay was inordinate - impact delay has had on the availability of evidence and the ability to determine disputed facts justly and fairly - the Defendant is no longer available as a witness to be heard in his own defence - Court found that the unavailability of the only three witnesses of fact who were alleged to have direct knowledge of the abuse and who each denied it - irretrievable prejudice in the defence of the proceedings - core issue of fact - whether the abuse occurred or not – cannot be safely resolved – Court found that dismissing the proceedings on delay grounds is a proportionate and proper exercise of discretion in this case - lack of mutuality and fairness - essential for the administration of justice – proceedings dismissed.