The case is being taken by a person who claims he was sexually abused by the late Fr Tom Murphy of Stuake, Donoughmore, Co Cork, while a student at in Fermoy, Co Cork, in 1991/1992.

The case is against the estate of the late Fr Murphy and against Bishop John Magee and others in so far as they were responsible for the supervision of St Colman’s College.

Senior counsel, James O’Leary, alleged that the plaintiff was the victim of horrific sexual abuse by the late Fr Murphy. He said significant psychological damage was caused and he would remain in therapy for his life.

Tom Creed, defence senior counsel, told Mr Justice Paul Butler at the High Court sitting in Cork yesterday that the plaintiff never made a complaint about this alleged sexual abuse to the gardaí.

He said the plaintiff was statute-barred from bringing the case now, three-and-a-half years since the death of Fr Murphy and 16 years since the alleged events of which he complained.

Monsignor Denis O’Callaghan filed an affidavit on behalf of the defendants.

He referred to the consistent denial by Fr Murphy of any wrong-doing and the unfairness to the late Fr Murphy of the case.

“The plaintiff had an opportunity to put his complaints on record to the gardaí during the lifetime of the late Fr Thomas Murphy and failed to do so… Accordingly, although the late Fr Thomas Murphy at all times strenuously denied these allegation, he did not get an opportunity during his lifetime to defend the allegations made against him,” said Mgr O’Callaghan.

There was evidence the defendant did make the allegation several years ago but did not want to pursue it by way of a formal complaint to the gardaí as he was anxious to avoid the trauma of giving evidence.

Mr Creed SC brought the matter before Mr Justice Butler yesterday to see whether the plaintiff was effectively prohibited from bringing his case as a result of delay.

Mr Justice Butler said this issue should be determined by the trial judge and not as a pre-trial issue by another judge.