Court asked to set aside jury's €4.7m abuse judgement

A man ordered to pay €4. 7m in damages to two Dublin women is asking the High Court to set aside jury findings that he raped them as children.

72 year old Joseph Carrick of Carysfort Woods, Blackrock, was ordered to pay €4 million to Jacqueline O’Toole and €700,000 to her cousin Geraldine Nolan after two High Court juries found that he had raped them when they were children.

Carrick claims he did not have the mental capacity to defend the High Court action last November. He did not defend the cases at the time, and now wants the awards set aside and a new trial ordered.

His lawyers say there is medical evidence that he was suffering from a mild cognitive impairment, depression and was in significant pain at the time of the original hearings and that these conditions prevented him from being able to look after his own affairs.

Lawyers for the two women say they reject his claim of incapacity and they argue the court does not have the power to set aside the jury verdicts except in exceptional circumstances.

Mr Carrick’s assets are currently subject to a freezing order.