The solicitor for Lorcan Roche Kelly says he's disappointed with a Court's decision to strike out his action for damages relating to the murder of his wife.
The High Court has ruled that his bid would have been unsuccessful, but it's President has said there are grounds for thinking that Gardaí were negligent.
Sixmilebridge mother of two 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.
He was on bail at the time of the killing, and Lorcan Roche Kelly had sought leave to sue the state for damages on the basis that he should have been behind bars.
Today, High Court President Nicholas Kearns struck out this action when ruling on a pre-trial motion brought by the State to dismiss it.
He said that from the facts, "there are certainly grounds… for thinking there was negligence of a serious kind on the part of Gardaí" and that there is an "understandable temptation to think Ms. Roche Kelly's family should not be left uncompensated."
However, he added that "on the basis of the existing law" the action would not have been successful.
Mr. Roche Kelly's legal representatives have told Clare FM that he is disappointed with the decision.
He will now take time to study the judgement before making any decision on whether to take further action.
