A VERDICT is expected today in a High Court action by a solicitor who alleges he was slandered by gardaí arising from being questioned over a complaint by a special needs student of being sexually assaulted by a man dressed as Santa Claus at a Christmas party.
In proceedings before Mr Justice Éamon de Valera and a jury, John Devane, Quinlan Street, Limerick, is seeking damages for alleged slander against then Garda Sgt, now Inspector, Séamus Nolan; the Ministers for Justice and Finance; the Garda Commissioner; Ireland; and the Attorney General. The claims are denied.
Mr Devane had at all times categorically denied the allegation of sexual assault and the jury has been told he is totally innocent in that regard. No charges were ever brought against Mr Devane in relation to the complaint.
Closing arguments by both sides concluded yesterday afternoon after which the judge asked the jury if they wished to sit on and start considering their verdict as soon as he had concluded his summing up.
The judge estimated that he would be concluded by 4.30pm yesterday. The foreman of the jury asked that the jurors be allowed to go home at 4pm due to the cold temperature of the jury room.
The judge agreed to the request and will instead begin his charge this morning after which the jury will retire to consider its verdict.
Mr Devane claims the allegations of sexual assault related to a 1996 Christmas party at a special needs school were put to him by gardaí in an interview in December 1999.
He claims he was slandered by Insp Nolan during an interview in January 2000 with Ms Allison Carty, Mr Devane’s former partner and mother of his daughter. Mr Devane claims Ms Carty was told by Insp Nolan that, if she or her daughter ever had “any problem” with Mr Devane, “to come to us”.
Insp Nolan has denied he ever said anything that could be considered slanderous of Mr Devane to Ms Carty.
Additional claims by Mr Devane of false imprisonment and that Insp Nolan had slandered him in a statement to his sister, Áine Cuddihy, are not proceeding after Mr Justice de Valera told the jury there was insufficient evidence to allow them deliberate on those allegations.
Proceedings against another Garda, retired superintendent Gerard Mahon, were also withdrawn at an earlier stage.