A young woman who was sexually assaulted by her grandfather over a number of years when she was a child has sued both grandparents for damages in the High Court.
The action includes a claim her grandmother failed to exercise reasonable care for her safety while she was in her grandparents care.
Now aged in her twenties, the woman also alleges her grandparents had entered a conspiracy to defeat her claim for damages and her grandfather had allegedly transferred three properties into the grandmother’s name.
In his judgment on Wednesday, on what he described as a "somewhat unusual" pre-trial application, Mr Justice Anthony Barr granted orders directing the grandfather's psychiatric records, plus details of the property transactions, be provided to the woman's legal team.
The judge said the woman has alleged, when she was aged between nine and twelve, she was subjected to a large number of sexual assaults by her grandfather at various locations in Ireland and abroad when she was in his care.
It was alleged the abuse involved her grandfather intimately touching and rubbing the area of her private parts and this occurred on a weekly basis between June 2005 and January 2008.
The grandfather pleaded guilty before the Circuit Criminal Court in 2010 to eighteen counts of offences against his granddaughter and was jailed.
In her civil action, the woman is claiming damages, including aggravated damages, against her grandfather for assault, trespass to the person and breach of her constitutional right to bodily integrity.
She is claiming damages against her grandmother for allegedly failing to exercise reasonable care for her safety while she was being looked after by her grandparents.
She also claims, at some time in May 2010, her grandparents allegedly entered a conspiracy to defeat her claim for damages. She alleges, with intent to defraud her and render worthless any judgment obtained by her, her grandfather conveyed his interest in three specified properties to her grandmother.
Mr Justice Barr noted certain partial admissions were made by the grandfather in a defence which put in issue certain matters in relation to his mental state at the time the admitted acts were carried out.
Mr Justice Barr said medical records in general, and psychiatric records in particular, are highly confidential. Those who seek the help of a psychiatrist, psychologist or counsellor should be able to consult with them in the safe knowledge their communication is privileged from production to third parties, he said.
While the court must approach any such discovery application with great care and circumspection, it can direct discovery of medical records if satisfied such is necessary in the interests of doing justice between the parties, he said.
As the grandfather had specifically put his mental state and his perception of the particular acts in issue in his defence, it was appropriate to order the discovery in this case, the judge ruled.
In light of the claim for exemplary damages, he also said discovery of the grandfather’s psychiatric records was necessary and relevant.