A JUDGE yesterday ruled that a Co Clare woman maliciously slandered a delivery man by falsely claiming he had sexually assaulted her while making a delivery of building supplies to her home.
At Ennis Circuit Court, Judge James O’Donohoe found that Eileen Kearse of Clancy Park, Ennis, maliciously slandered married father of four, James Kennedy of Carrowduff, Kilshanny, Co Clare, to his employers in September 2004.
Judge O’Donohoe ordered that Mr Kennedy be paid €7,500 in damages and also ordered Ms Kearse to pay his costs.
Ms Kearse alleged that during a delivery to her home in April 2004, Mr Kennedy had pinned her up against the sink in her kitchen in her home by grabbing her arms and pushing himself against her, making a lewd comment. The married woman also alleged that she threw Mr Kennedy off before he followed her and pinned her against the door when she grabbed a hammer nearby to protect herself.
Counsel for Mr Kennedy, Donal O’Rourke said that Ms Kearse had made the malicious allegation of sexual assault as part of a vendetta against Mr Kennedy because of continuing trouble between Mr Kennedy and Ms Kearse’s son, Johnathan at their workplace, Shannonside Building Supplies at Ennis.
Ms Kearse, now living in Lissycasey, denied this. However, in his judgment yesterday, Judge O’Donohoe said: “I’ve no doubt that Eileen Kearse maliciously slandered Mr Kennedy to his employers”.
