A man ordered to pay €4. 7 million damages to two Dublin women is asking the High Court to set aside jury findings that he raped them as children. 72-year-old Joseph Carrick of Carysfort Woods in Blackrock claims he did not have the mental capacity to defend the High Court action last November.

Two separate High Court juries ordered him to pay €4 million to Jacqueline O’Toole and €700,000 to her cousin Geraldine Nolan. The 72-year-old did not defend the cases and now wants the awards set aside and new trials ordered.

His lawyers say there is medical evidence that he was suffering from a mild cognitive impairment, depression, and was in significant pain at the time of the original hearings.

In submissions to the court, John Rogers, SC, said the evidence will be that these conditions prevented him from being able to look after his own affairs.

'What we are dealing with is the Constitutional right of Joseph Carrick to have a trial at which he attended and was represented', he said.

The court heard he was admitted to Mount Carmel Hospital for an operation on November 20th 2012. The 2 women reject his claim of incapacity. Their lawyers say Joseph Carrick underwent elective surgery around the time of the trials.

They also argue that the court does not have the jurisdiction to set aside the judgments in circumstances where there is a right of appeal to the Supreme Court.

Mr. Carrick's assets are currently subject to a freezing order.