Woman Unfairly Denied Legal Representation, High Court Judge Rules

By Alan Erwin
Belfast Telegraph
January 13, 2015

http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/hia-inquiry-woman-unfairly-denied-legal-representation-high-court-judge-rules-30905070.html

The woman who brought the challenge claims she was abused by a "very high-profile figure".

A child abuse victim was unfairly denied legal representation at a major inquiry into alleged historical offences at care homes, a High Court judge ruled today.

Mr Justice Treacy held that a bar had effectively been erected against her and others who claim they suffered sexual and physical assaults.

He is now set to quash the decision by a former judicial colleague to reject her request for publicly-funded lawyers.

His verdict could also have wider funding issues for the ongoing Historical Institutional Abuse Inquiry (HIA) as it examines evidence from up to 360 witnesses.

But the judge stressed: "The consequences in terms of costs do not remove the public law necessity for legal representation out of public funds if that is what fairness requires."

The woman who brought the challenge claims she was abused by a "very high-profile figure".

She issued judicial review proceedings after HIA chairman Sir Anthony Hart - himself a retired High Court judge - refused her application for funding for legal representation at public expense.

It was claimed that his decision was unlawful and will give an unfair advantage to alleged perpetrators.

Those accused of carrying out abuse and the institutions under investigation have been permitted legal representation.

The inquiry in Banbridge, Co Down was set up in 2013 to investigate child abuse in residential institutions in Northern Ireland over a 73-year period, up to 1995.

It has so far heard from nearly 100 victims and survivors of abuse, most of whom were in the care of the Catholic Church at homes in Derry and Kircubbin in County Down.

Others were part of a state approved child migrant scheme to Australia.

The focus has now shifted to the former Nazareth House and Nazareth Lodge in Belfast.

The woman behind the legal challenge claims she suffered years of physical, sexual and mental abuse while in the care of the Sisters of Nazareth.

She also separately alleges that she was targeted by an unidentified high-profile figure.