A High Court action for damages brought by the husband of a murdered SIxmilebridge woman has been struck out.
Sylvia Roche-Kelly was murdered in Limerick's Clarion Hotel on December 8th, 2007 and the following March Gerard McGrath of Ballywalter, Knockavilla, Co Tipperary was jailed for life for the crime.
McGrath was on bail at the time of the killing – in October of that year, he had tried to abduct a five-year old girl after breaking into her family home in Tipperary while in the previous April, he viciously assaulted taxi driver Mary Lynch in Virginia, Co. Cavan.
Lorcan Roche Kelly had sought leave to sue the state and two other parties, including the Garda Commissioner and Minister for Justice, on the basis that McGrath should not have been at large when the mother of two was killed.
This morning, though, this was struck out.
High Court President Mr Justice Nicholas Kearns, ruling on a pre-trial motion brought by the State to dismiss the action, said it "was a tragic case" but added that "on the basis of the existing law" it would not have been successful.
The matter was adjourned to allow the parties consider his ruling.
