BishopAccountability.org
 
  Man 'Abused' by Christian Brothers Halted from Taking Action against State

By Ann O'Loughlin
Irish Independent
October 3, 2006

http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1698780&issue_id=14717

A Man who alleged he was abused by two Christian Brothers more than 40 years ago cannot proceed with an action against the State, the High Court ruled.

Mr Justice John Quirke yesterday granted an application on behalf of the Ministers for Education and Science and Health and Children, and the State, for an order halting the man from pursuing his claim for damages against them.

The judge said he was making the order "in the interests of justice". It would be unfair to allow the case go ahead given the delay by the man, now in his late 50s, in commencing the proceedings, he held.

"It would be absurd to suggest otherwise since almost 50 years have passed between the date of the first alleged wrongdoing and the commencement of these proceedings."

At least 13 relevant witnesses are now deceased and most of the documentation which had the "greatest relevance to the claim" was no longer accessible, the judge contended.

"I am satisfied that the delay and the consequent prejudice to the State in the circumstances of this case make it unfair to the State to allow the action to proceed."

The plaintiff alleges he was abused at a Christian Brothers school in the Munster region between 1953 and 1963. He claimed the State was responsible for the conduct of two Christian Brothers, whom he claimed had assaulted, battered, abused and falsely imprisoned him while he was a pupil.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.