DPP mounts defence after comic Sil Fox sues it for ‘ruining’ his life

The Director of Public Prosecutions (DPP) has lodged its defence against a legal action by comedian Sil Fox, who is attempting to sue over a sex assault case against him that was thrown out of court.

Fox (91) went on trial in 2020 after a woman claimed he inappropriately touched her in a pub two years earlier as she posed for a selfie with him.

But the criminal charges were thrown out at Dublin District Court after Judge Paula Murphy viewed CCTV footage and concluded: “There is no indication something untoward occurred.”

Fox issued proceedings against the DPP, claiming his constitutional right to a good name was breached. He is seeking damages for intentional or negligent infliction of emotional distress.

Solicitor Kevin Winters, of KRW Law in Belfast, is representing Fox. A preaction letter was issued in the case in June 2020. Winters has now confirmed the DPP has lodged its defence, meaning the civil case will proceed to the High Court.

Discovery of all relevant documents and materials has now been sought by Fox’s lawyers. Winters confirmed a date has not yet been set for the case to proceed.

The office of the DPP previously confirmed there was consent to an extension until March 6 to file its defence.

The entertainer said he is keen to proceed as quickly as possible.

“Are they waiting for me to die? It has gone on far too long. I’m entitled to justice after what happened to me. It ruined my life,” he previously told the Sunday Independent.

Civil actions against the DPP following an acquittal are extremely rare.

In the lawsuit, Fox, of Templeogue, Dublin, claims the prosecution was taken without reasonable or probable cause. He said he lost friends and lost out on work because of the case.

In a plenary summons, lawyers for the comedian claim he “suffered serious reputational damages arising from false allegations, in circumstances where any reasonable consideration or review of the CCTV evidence would militate against a prosecution”.

Fox pleaded not guilty to the charge of sexually assaulting the woman on December 17, 2018.

The district court heard he was at Harry’s on The Green in Dublin city centre when he was asked to pose for a photo with a middleaged woman who was on a Christmas night out with friends.

She alleged that as her friend took the photo, Fox put his hand on to her lap and groin and “tickled” her vagina. She claimed she was stunned and confronted him later, but he responded that she was being ridiculous.

The trial heard her friends did not see what alleged happened.

Dismissing the case, Judge Murphy found conflicts between the complainant’s evidence and the CCTV were a significant issue.

The woman had said it took 30 seconds to take the photo, when it had only taken three. The footage also showed Fox’s hand on the table the entire time it took for the picture to be taken.

The DPP said it does not comment on individual cases.