Solicitor tells court accusation was part of 'witch hunt'

A SOLICITOR has told the High Court a false accusation that he sexually assaulted a special needs student following a Christmas party in 1999 where he played Santa Claus was part of “a witch hunt” against him.

Limerick city-based solicitor John Devane, who categorically denied the allegation of assault, has brought a civil action for damages over his treatment by gardaí.

Mr Devane said he was devastated by the allegation and, as a result of it and being questioned by gardaí about it in December 1999, his world fell apart.

Mr Devane, Quinlan Street, is seeking damages for alleged slander, unlawful detention, and failure to vindicate his rights against then garda Sgt Séamus Nolan and then Insp Gerard Mahon, the Ministers for Justice and Finance, the Garda Commissioner, Ireland, and the Attorney General. The claims are denied.

Mr Devane has claimed, after attending at Henry Street Garda station in Limerick voluntarily on December 13th, 1999, and without any notice as to why was asked to attend, he was told during questioning he would be arrested if he left the station.

He claims, on a date unknown after that interview by Sgt Nolan and Insp Mahon, he was slandered by Sgt Nolan during an interview with Mr Devane’s former partner and mother of his daughter.

Mr Devane claims his former partner was told by Sgt Nolan if she ever had “a problem of a sexual nature” in relation to Mr Devane and his daughter, Sgt Nolan would investigate it and ensure Mr Devane was charged.

It is also alleged Sgt Nolan told Mr Devane’s sister, Áine Cuddihy, and Mr Devane’s friend, John Fortune, that Sgt Nolan, if he wanted to, could destroy Mr Devane’s career and make it known Mr Devane was accused of rape.

Mr Devane has told the court he was himself raped as a child and the allegations against him left him very upset.

He said he had played Santa at the school a number of times from 1993. When he played Santa, he was always accompanied by a volunteer while changing in and out of the Santa suit in case any of the students would see him because as far as they were concerned, he was Santa. In 1996, he was not asked to play Santa and was disappointed as a result.

Under cross-examination yesterday by Jim O’Callaghan SC, for the State, Mr Devane said the allegations were part of a campaign against him because he had acted as a solicitor to staff at the school who were subject to dozens of false allegations of sexually abusing students there. It had taken 13 years for one teacher at the school to clear his name.

The case continues.