A man has sued a charitable organisation which provides services to people with disabilities for defamation over an allegation that he sexually abused a vulnerable female relative.
The man says the allegation, which has been reported to the Gardaí and Tusla, is utterly untrue, is highly defamatory, and was made during a meeting to discuss concerns about the organisation's management of the woman's personal finances.
The parties involved in the case cannot be named for legal reasons.
The defendant organisation denies defaming the man and rejects claims it was motivated by false or improper motives, or that the statement made was borne out of spite against the plaintiff. It says the words complained of were said at a meeting which was an occasion of qualified privileged and were published without recklessness or malice.
The High Court heard that one of the man's relatives is a vulnerable adult who resides at a facility run by the organisation that educates and cares for persons with special needs and intellectual disabilities.
Arising out his family's concerns over alleged irregularities in their relative's care, including the handling of her personal finances, two members of his family attended a meeting with representatives of the defendant organisation to discuss the woman's situation in March 2019.
A representative of the HSE was also in attendance at the meeting, the man claims.
The man alleges that during that meeting, one of the defendant organisation's representatives said there was a report on his female relatives' file stating she had said she had "a baby in her tummy", had miscarried, and that the applicant "was responsible".
The applicant says the allegation is untrue, misleading, and highly damaging to his good character and reputation.
What was said about him, he claims, meant he was a criminal, could not be trusted and that he had sexually abused his vulnerable female relative.
He has not received any apology for the remark, and no offer to make amends has been made by the defendant, he claims.
Denial of claim
The defendant organisation denies the claim. In its defence it says the words complained of were contained in a report in the vulnerable woman's file.
It was placed on a file by an employee of the defendant, based on an account which they say was provided to them by the woman.
The defendant says it had a duty to advise the woman's family and the HSE representative at the March 2019 meeting of the contents of the report, regardless of whether it believes the allegations or not.
The defendant also says it was obliged to report the matter to the Gardaí.
A pre-trial application in the action came before Mr Justice Senan Allen on Wednesday.
The applicant, represented by Robert O'Reilly BL, sought discovery of several categories of documents, including the report which contains the allegedly defamatory comment.
He also sought discovery from the defendant of any notes, minutes, or records, including the name of the employee who placed the report on the file, relating to the allegation.
Counsel said the material sought is necessary for the applicant to advance his claim. The defendant opposed the application.
While the organisation was not objecting to the material being provided, they were not prepared to hand it over at this stage as investigations into the allegation, including one by Tusla, are ongoing.
Mr Justice Allen, however, rejected the defendant's argument and held that discovery should be made in the case.
The judge gave the defendant six weeks to provide the material sought.
