Retired judge seeks to strike out personal injuries action alleging sexual assault at book launch

A 49-year-old woman is claiming damages for alleged sexual assault and alleged trespass to the person during a book launch for Colm ‘The Gooch’ Cooper.

8.57pm, 20 Jan 2026

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A RETIRED DISTRICT Court judge has gone to the High Court in a bid to strike out a personal injury action against him by a woman who alleges he sexually assaulted her at a book launch in Kerry.

Judge James O’Connor of Glenbeigh, Co Kerry, who retired from the bench in 2018, has denied all allegations. The High Court heard that gardaí investigated the matter and the Director of Public Prosecutions had decided against a criminal prosecution over the alleged assault.

The 49-year-old woman is claiming damages for alleged sexual assault and alleged trespass to the person, in what she claims were two alleged incidents at the Gleneagle Hotel, Killarney Kerry in October 2017.

The former judge is seeking an order striking out the proceedings or an order permanently staying the action.

In a statement of claim, the woman said she had appeared before the judge in relation to family law proceedings and in 2017, she attended a book launch at the Gleneagle Hotel in Killarney for the autobiography of Colm ‘The Gooch’ Cooper.

She said that after the book signing, there was tea and coffee, and that she and the judge started talking.

The woman claimed the judge allegedly positioned himself to the right side of her body and claimed she could feel his hand touching her hip and allegedly then moving down towards her private parts. She claims she was shocked and unable to speak.

Later, she claims, she was walking through the hotel when she alleged the judge came directly across her path. She alleged he positioned himself in front of her and she alleged he put his arms around her and he later allegedly slapped her on the buttocks, she claims.

She claimed she was extremely distressed and shocked by the alleged assault, and her GP diagnosed her with PTSD.

In an affidavit, the retired judge said he believed that this was a malicious, ill-motivated and entirely unfounded claim and he said he never at any stage inappropriately touched the woman.

Judge O’Connor contends it is a vexatious claim and this, he submits, is demonstrated by the alleged delay which he says has occurred and the manner by which the matter has advanced.

Judge O’Connor said the criminal complaint made by the woman was fully investigated and he was interviewed at length by gardaí in April 2018. He said in December 2018, his solicitors were informed by gardaí confirming that the Office of the Director of Public Prosecutions had directed that no prosecution be instituted.

He said in October 2023, he was completely taken aback when he received pleadings in the case.

Judge O’Connor also claims that if the personal injury action proceeds, he will be placed in a position where he will have to identify persons who attended the book launch in 2017 and ascertain whether they still remember what occurred six years ago.

At the High Court today, Elizabeth Murphy BL, for Judge O’Connor, applied to strike out the action against her client on grounds of delay.

Ms Murphy said the central thrust of the case was for “personal injuries” and that her side claimed that the action was statute-barred.

She said that the woman had claimed a GP diagnosed her with suffering from PTSD, but submitted that a GP cannot diagnose PTSD.

Ms Murphy said the retired judge was also not on notice of a Personal Injury Assessment notification because papers were sent to an address where Judge O’Connor did not live.

She said it was not therefore a “bona fide” application and that the plaintiff was seeking to use the court “as she sees fit, as opposed to what is required”.

Ms Murphy said she was asking the court to strike out the matter on “procedural grounds”, not on jurisdictional grounds, and that the case was brought outside the two-year time-limit.

Laurence Masterson BL, for the woman, said that no allegation of negligence had been made in the case and that this meant that the limitation period in taking the case was therefore six years.

Mr Masterson said the woman brought the proceedings within the time allowed, adding that there was nothing in the case to suggest any abuse of process and there was “no delay”.

Counsel said the case was neither frivolous nor vexatious and that nothing in the evidence could have borne that out.

Mr Justice Mark Heslin reserved judgement in the matter.