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Warning for Island woman

 

A woman’s been told if she continues to try to press a legal case against the Department of Education she may face criminal charges.

 

Eleven years ago, Patricia Anne Kelly sued the Department of Education over claims she’d been kicked in the back by a teacher when she was a pupil at Rushen School in 1974.

 

That claim was struck out – but in 2011 she began action against the Department of Home Affairs and Department of Health over the same case.

 

However, Deemster Roberts threw out her case last year – leaving Mrs Kelly claiming she couldn’t have a fair trial.

 

Mrs Kelly said because the Deemster had been a teacher, was married to a teacher, and had previously worked for the legal firm representing the Department of Education, the court was biased against her.


But Deemster Roberts pointed out she’d been a teacher at a different school and her husband wasn’t a teacher when the incident had happened.


She dismissed Mrs Kelly’s applications – including one to resurrect an education law dating back to 1949, saying the courts can’t create their own legislation.


And the Deemster granted a General Civil Restraint Order which prevents Mrs Kelly suing the Department of Education over the same matter, warning her she faced prison if she attempted to do so in future.

 

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