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Identity of deceased suspect to be disclosed in historical abuse case
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High Court orders the disclosure of the identity of a deceased suspect from a Garda investigation into historical sexual abuse allegations made by the plaintiff, who was a child at the time of the alleged abuse. The court did not, however, find it necessary to order the release of the entire investigation file at this stage. The plaintiff had sought this information to identify and seek redress against the person who sexually assaulted him. The court recognised the plaintiff's need for the suspect's identity to pursue potential civil proceedings but emphasised that the broader request for the investigation file had not met the threshold of necessity. The court left open the possibility for the plaintiff to make a further application for additional information if required after initiating proceedings.
Historical sexual abuse - Garda investigation - disclosure - identity of deceased suspect - Norwich Pharmacal order - necessity condition - public interest - confidentiality - Garda Síochána Act 2005 - right to privacy - vicarious liability - civil redress - judicial discretion - proportionality - High Court - plaintiff's undertaking - non-party discovery.
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