Former Kincora boys' home resident who claims Lord Mountbatten abused him launches legal action
A man who claims Lord Mountbatten abused him at a notorious Belfast children’s home has formally launched legal action against state institutions in Northern Ireland. Lawyers representing Arthur Smyth lodged a writ of summons at the High Court on Wednesday as part of a case in which he alleges that the late earl molested him twice during the 1970s.
Mr Smyth, a former resident at the Kincora home for boys, is suing the Department of Health, the Secretary of State, the Police Service of Northern Ireland, Belfast Health and Social Care Trust and the Business Services Organisation. He is seeking damages for alleged assault and battery, negligence, misfeasance in public office and breach of statutory duty under the Children and Young Persons Act (Northern Ireland) 1968. Solicitor Kevin Winters said: “In issuing this action today Arthur Smyth has now put down a marker and taken the next important step in his battle to get justice over the horrific abuse suffered by him when he was a child. “In doing this he wants to expose what, until now, have been suspicions and rumours about one of his alleged abusers, the late Lord Louis Mountbatten. “He wants the facts finally to emerge about his abuse generally and specific allegations about two separate incidents implicating the now deceased royal.” Lord Mountbatten, a great uncle and mentor to King Charles III, was killed along with three others when the IRA blew up his fishing boat off the coast of Mullaghmore, Co Sligo, in August 1979. His alleged involvement in abusing Mr Smyth, who has waived anonymity, will be set out in a finalised statement of claim due to be served at a later date. Wider proceedings brought by the plaintiff relate to periods he spent as a child at three different facilities in Belfast, including Kincora in the east of the city. The home, which closed in 1980, was at the centre of a major sex abuse scandal. Three members of staff were later jailed for attacks on 11 boys, and in 2017 an inquiry found that 39 residents were abused at some point during their time at Kincora. According to Mr Smyth’s lawyer, proceedings were only issued after receiving no response to formal letters of claim served on the defendants three weeks ago. “Threatening to take a case and actually going ahead and doing it are two entirely different things,” Mr Winters said. “There is no better forum to expose injustice than the courts, and particularly a Belfast court.” He added: “Over the recent past number of years this jurisdiction has proven to be highly effective and intrusive in protecting the rights of the abused and disenfranchised. “Against that background I have no hesitation in launching this case today. “I have every confidence the justice system will serve to reflect Arthur’s bravery in taking this case.”
A spokesperson for Buckingham Palace said they would not comment on the matter.
The Department of Health said it did not comment on legal proceedings.
A PSNI statement added: "As legal proceedings are ongoing, it would be inappropriate for us to comment."
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