The Sisters of Mercy have asked the High Court not to hear an action for damages by a former resident of Goldenbridge orphanage, who claims she was physically and mentally abused there more than 65 years ago.
The Order cited grounds of "unprecedented delay". Mrs Ellen Kelly (70) of Belcamp Gardens, Dublin, claims she was in the orphanage from 1934 to 1947 but was able to begin proceedings against the Order only in 1999, following counselling.
Mr Paul Gallagher SC, for the Order, said Mrs Kelly's action concerned alleged incidents which occurred over 65 years ago. He said all witnesses who could be called upon to give evidence were dead, with the exception of an 82-year-old nun.
Counsel said Mrs Kelly's statement named two nuns who, it was alleged, subjected her to beatings, placed her in solitary confinement in a place known as the "cubby hole", and made her wear rags on her Confirmation day after she spilled food on her dress. She was also alleging she was stripped, that her hair was shorn and she was publicly humiliated.
Mr Gallagher said Mrs Kelly claimed she was forced to kneel for long periods before a statue of the Sacred Heart in a corridor on a regular basis and was told she was bad and her family were bad. Counsel said the Order was denying all of Mrs Kelly's claims.
Mr Paul McDonald, a solicitor for the Order, said he had carried out an investigation into Mrs Kelly's allegations. He believed, because of the passage of time, it would not be possible for his clients to get a fair trial and the Order was gravely prejudiced as a result of the quite unique delay in the institution of the proceedings.
He said Mrs Kelly identified two nuns as having mistreated her. One had died in 1990 and the other was 82 and had long since retired. Another lay person had been identified by Mrs Kelly but the Order had been unable to discover that such a person ever worked in Golden bridge. He asked that the action be dismissed.
The hearing before Mr Justice Kelly continues today.