Dusun Resort has denied any claim of negligence in response to a suit filed by the parents of Irish teenager Nora Anne Quoirin, who died while on holiday in Negeri Sembilan last year.
Helen Marion Todd, who was named as the defendant, claimed in her defence that she is neither the operator nor proprietor of the resort. Her link with the resort was not stated.
In the defence, Todd, 77, said the parents were responsible for the care and safety of the deceased at all material times and should be held liable for the loss and damages.
Todd said she had no knowledge of Nora’s mental and physical condition and the difficulties associated with her.
She said the resort had organised its staff to look for Nora after the mother, Meabh Quoirin, alerted them that her daughter was not in the villa about 8.30am on Aug 4.
“The general area which houses the villa, where the plaintiffs were staying with the deceased, while it is not fenced, can only be accessed via a gate that is always locked during the night,” she said in urging the suit to be dismissed with costs.
The defence was filed by solicitor Thomas Philip at the Sessions Court registry in Seremban today.
Further, Todd said the resort is designed to provide a “jungle retreat” which incorporated the open concept and the terms and conditions are made known in its website.
She said the resort had no security guards and there had been no security issues over the last 35 years.
Todd said police investigations concluded that there was no foul play or criminal elements in the disappearance of the deceased.
“The post-mortem report revealed the cause of death was gastrointestinal, attributable to starvation,” she said.
Further, she said the public prosecutor had classified the case as requiring no further action.
The suit was filed early this month by Nora’s parents, Sebastian and Meabh Quoirin, against the resort operator, whom they identified as Todd.
They claimed that Todd failed to ensure the safety and security of the premises, that the window latches of their rooms were not secured, and the resort did not have a closed-circuit television (CCTV) camera system installed or maintained.
The parents, represented by lawyer SN Nair, are seeking RM150,000 in damages.
They believe many questions remain unanswered.
“To think that Nora might get up in the middle of the night, naked, barefoot, get out of the bungalow into the jungle, bearing in mind the terrain is extremely steep and dangerous, in total darkness – makes no sense.
“We think it is absurd to think about this possibility,” Sebastian had told Irish broadcaster RTE.