THE COURT heard a particular claim which had been pleaded in the case of Rebecca was not being pursued in the child’s case.
That claim, strongly denied by Prof Casey, alleged she had discussed options, including termination, with Lisa McGillen after Lisa McGillen contacted her in a distressed state about a January 2001 scan showing her foetus had a hand deformity and growth retardation. Murray McGrath SC, for Prof Casey, said the suggestion in “the newspaper” was that it was alleged Prof Casey had advised Ms McGillen to have a termination.
He said the sides had agreed that matter would not be dealt with in the child’s case “and now Prof Casey, who has a very high profile as a pro-life anti-abortionist over many years, finds this allegation highlighted in media reports in a case in which she will not have an opportunity to put her case, which is that she never advised, condoned or acquiesced in any suggestion of an abortion”. His side wanted that put on the record now, counsel added.
Aongus O’Brolchain SC, for Rebecca, said the claim concerning the alleged conversation between Prof Casey and Lisa McGillen was a “very hotly contested” issue in the action by Lisa McGillen but was not an issue in the child’s case.
Counsel for the sides had agreed between themselves, when opening Rebecca’s action on Tuesday, Mr O’Brolchain would not refer in open court to that claim but the claim had been “aired publicly”.
That claim was in the pleadings in the case but the pleadings were specifically not aired in open court, he added. He appreciated the pleadings in the child’s case “are opened in the technical sense” but his side was not relying on the claim concerning the alleged discussion, and in fairness to Prof Casey, it was appropriate he clarify that.
Mr Justice John Quirke told Mr McGrath the claim related to the alleged discussion was in the pleadings and there was not very much counsel could do about it now.
“But you have now put Prof Casey’s position very clearly and it doesn’t appear to arise in this case,” he added.
