A High Court challenge has been initiated aimed at overturning the unanimous verdict of an inquest jury that an unidentified female baby found murdered in a laneway in Dun Laoghaire more than 30 years ago was the child of Cynthia Owen.
Ms Owen claimed the baby was conceived as a result of sexual abuse in her family home.
Her father, Peter Murphy snr, and three of her sisters - Esther Roberts, Margaret Stokes and Catherine Stevenson - will apply to the High Court on Monday for leave to bring judicial review proceedings in which they will seek to overturn the jury's verdict, delivered on February 16th last.
Caroline Kelly BL, for the applicants, sought to move the leave application yesterday, but Mr Justice Roderick Murphy told counsel the appropriate place to move it was in the High Court's judicial review ex parte list on Monday.
Under court rules for bringing such ex parte (one side only represented) applications, the application must be moved within three months of the disputed decision, which time expires on Wednesday next.
The proceedings have been brought against Dublin county coroner Dr Kieran Geraghty, arising from the inquest carried out by him into the death of the baby girl, whose body was found in a laneway in Dun Laoghaire on April 4th, 1973.
The child's body was found in a plastic bag and was wrapped in newspapers.
On February 16th last, the inquest jury found the baby was the child of Cynthia Owen, who had claimed the baby girl - whom she later named Noeleen Murphy - was conceived as a result of sexual abuse at the family home at 4, White's Villas, in Dalkey.
The jury also found the baby had died at the family home and that the cause of death was haemorrhage due to stab wounds. It returned an open verdict on the child's death.
Dr Geraghty had advised the jury it could not return a verdict of unlawful killing as it would "implicate people" in criminal activity and this was outside the remit of an inquest.
During the inquest, Ms Owen testified she was raped repeatedly from the age of seven or eight into her teenage years by four different people. One of those persons was identified as her brother Peter Murphy jnr, as he waived his right to anonymity at the inquest. The inquest was also told that five out of six female relatives who were brought up together had alleged sexual abuse at the family home.
