SEREMBAN: A 76-year-old woman facing a civil suit from the parents of deceased Irish teenager Nora Anne Quoirin (pic) has denied being negligent over the girl's death.
The woman, Helen Marion Todd, also denied that she was the operator or proprietor of The Dusun holiday resort, where the Quoirin family was staying when Nora Anne went missing.
Todd, who filed her defence to strike out the suit at the Sessions Court here, also denied that she was running the holiday resort without a business licence, and was therefore not liable to the plaintiffs' claims.
Sebastian Marie Philippe Quoirin and Meabh Josephine Quoirin filed the suit against Todd, claiming that she was the operator of The Dusun resort where Nora, a special needs child, her parents and two siblings had been vacationing.
The Quoirins, in their suit, claimed that Todd had failed to keep the premises safe and secure, did not install and maintain a CCTV system on the premises, as well as did not secure and maintain the latch of a window in the rooms where the family stayed, among others.
Todd, in her defence, admitted to a claim by the plaintiffs' that they checked into the property on Aug 3 last year and that the staff got together to look for Nora after her parents found her missing from her room at 8.30am the following day.
Although she admitted a claim by the plaintiffs' that the right latch of a window where Nora slept was broken, Todd said the general area which housed their unfenced villa could only be accessed via a gate that was always locked during the night.
To gain access to the gate, she said, one had to enter another gate which gave access to the general area where the resort was located.
She said the resort was designed to provide a "jungle retreat" and incorporated an open concept for its patrons.
This nature of the resort, she claimed, was made known on the resort's website and its terms and conditions.
Todd claimed in keeping with the nature and size of the resort, no security personnel nor other security measures were emplaced.
She claimed that there had been no security issues at the resort for the past 35 years and that two families – comprising four adults and two children – lived permanently at the resort.
The defendant said she could not be held liable for Nora's death as police investigations concluded there was neither any foul play nor criminal element involved in relation to the disappearance and death of the deceased.
The plaintiffs are claiming special damages in the sum of RM152,707.90, general damages assessed by the court, RM30,000 damages for bereavement, among others.
Nora Anne had checked into the property with her parents and siblings Innes Julia and Maurice Arthure on Aug 3.
However, she was not found in her room she shared with her siblings the following morning.
A window in the room that could only be opened from the inside was opened.
Nora Anne's remains were found in the jungle 10 days after she went missing.
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