THE HIGH Court in Cork has heard the opening of a case in which a man is suing the estate of a deceased priest whom he claimed sexually abused him while a secondary school pupil.
He is also suing a bishop and others in charge of the school for allegedly failing to protect him from such abuse.
The man (30) is taking legal action for damages in the High Court against the estate of the late Fr Tom Murphy from Stuake, Donoughmore, Co Cork, as well as Bishop of Clyne Dr John Magee and others.
The man alleges he was sexually abused as a 14-year-old pupil at St Colman's College, Fermoy, in 1991 by the late Fr Murphy who was teaching there. He is suing the priest's estate for the psychological damage which he alleges ensued from the abuse.
Dr Magee and others are also named parties in the action by the man, who alleges they were charged with the supervision, running, operation and maintenance of St Colman's College and, as such, were negligent in their duty of care to protect him.
Tom Creed SC for Dr Magee and others, said yesterday that the late Fr Murphy had denied that he had abused the plaintiff when the allegation was put to him in 2002 and 2003 and that he maintained his innocence up to his death in 2004.
Mr Creed read from an affidavit filed by Msgr Denis O'Callaghan on behalf of the defendants in which he said that the man had an opportunity to put his complaints on record with gardaí when Fr Murphy was alive and failed to do so.
Mr Creed said he also had an opportunity of putting his complaints against Fr Murphy on record through an internal inquiry when Fr Murphy was alive and he failed to do so, thus preventing Fr Murphy from having an opportunity to defend himself.
Mr Creed argued that the case against his clients was now prejudiced because Fr Murphy had died and he applied to have the issue of whether or not the case was statute barred because of the lapse of time heard at a preliminary hearing.
Mr Justice Paul Butler ruled that whether the matter was statute barred would best be heard by the trial judge, either at or immediately before the full case, and he adjourned the matter for mention in Cork in July.
* This article was amended on June 10th, 2011
