A FATHER who won a landmark civil action against a neighbour whose sexual assault on his daughter led to her suicide is now to seek a criminal prosecution against her attacker.
David Roberts from Gathabawn, Co Kilkenny, sued his neighbour John Bowden for his daughter's wrongful death in July and was awarded damages of 25,395 at Clonmel Circuit Court. In light of the landmark ruling, Roberts has now written to the Director of Public Prosecutions (DPP) asking that he reconsider the possibility of a criminal prosecution.
Jane Roberts (26) took her own life in 2000, 18 years after being assaulted and sexually abused in a public swimming pool in Thurles, Co Tipperary. Through his legal team at the hearing in Kilkenny, Bowden admitted to and apologised for the abuse but denied that Roberts' death was linked to it.
The young woman made an official complaint to gardai against Bowden in 1999 but criminal proceedings ceased upon her death.
"I've written to the DPP asking that he review the possibility of the criminal prosecution, " Roberts told the Sunday Tribune this weekend. "I have been issued with a reply saying that he will deal with this request in due course. Usually if a person has passed away, a criminal prosecution cannot be brought. But in light of the civil action, we hope that changes things. The advice from our solicitor was that it's possible that criminal proceedings could follow."
Roberts welcomed the news last week that the parents of Leanne Wolfe (18), from Mayfield, Cork, are considering a similar action against their daughter's bullies, as they believe her suicide was caused by their persecution of her over five years. "We will help that family in any way we can, " said Roberts. "We were hopeful that people in similar situations to ours would try and get some justice also. There is no comfort in a suicide but there is no doubt in my mind that Jane's death was a homicide."
Barrister and Trinity College Dublin law lecturer Des Ryan said that it was possible for the DPP to bring a criminal prosecution in this case but that it was a complex legal matter. "If the DPP were to bring about a criminal prosecution in this case, it would have to be established that Bowden was guilty beyond reasonable doubt. This differs from a civil action where someone can be found guilty on the balance of probabilities, " he said.
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