The High Court has dismissed an historic abuse claim brought by a former pupil over alleged events at a Presentation Brothers school around 1969 and 1970, finding that the case could no longer be fairly tried.
The plaintiff, identified as J. O’D., alleged that he was subjected to physical and sexual assaults while attending the school. Proceedings were issued in November 2001 against the Minister for Education and Science, Ireland, the Attorney General and Denis Minihane as nominated representative of the Presentation Brothers.
By the hearing of the dismissal application, the plaintiff had conceded that his claim against the State defendants would not be pursued following a Supreme Court ruling in another case. He also accepted that his claim based on physical abuse was statute barred.
The remaining sexual-abuse claim raised two separate issues. First, the Presentation Brothers argued that it too was out of time. Ms Justice Dunne rejected that argument at this stage. Evidence from the plaintiff’s solicitor and a clinical psychologist was sufficient to support the contention that psychological injury had substantially impaired his ability to bring proceedings until 2001.
However, the judge reached a different conclusion on delay and trial fairness. The case concerned events about 40 years earlier, yet after proceedings began in 2001 they were not served until 2003 and subsequently progressed slowly. Dunne J. found that delay after commencement was both inordinate and inexcusable.
There were also substantial evidential problems. Brother C., against whom the most serious allegations were made, had died in 1992. No record could be found of a Brother E. at the school during the relevant period, while another alleged perpetrator had not been clearly identified. The plaintiff’s recollection also differed from school records about the type of school he attended and how long he was there.
The court concluded that the prejudice to the Presentation Brothers outweighed the prejudice to the plaintiff. The proceedings were therefore dismissed because there was a real and serious risk that a fair trial was no longer possible.