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	Woman Says State Must Pay for Abuse Nightmare By Tim Healy Irish Independent June 12, 2008 http://www.independent.ie/national-news/woman-says-state-must-pay-for-abuse-nightmare-1406224.html A WOMAN who was sexually assaulted by a national school principal at the age of eight has asked the Supreme Court to rule that the Minister for Education and the State are liable for the assaults. More than 200 cases are awaiting the outcome of the test action by Louise O'Keeffe which, the State says, could lead to it being held liable, not just for past abuse, but for "a whole host" of events occurring daily in more than 3,000 national schools. The five judge court yesterday began hearing the appeal by Ms O'Keeffe (43), of Thoam, Dunmanway, Co Cork, against a High Court decision that the State is not vicariously liable for 20 assaults inflicted on her by Leo Hickey at Dunderrow National School, Co Cork, from January to September 1973. The State and the Minister for Education deny any liability on grounds that national schools are not State-run but are controlled on a daily basis by church appointees. The case goes back to 1971 when a complaint was made by another parent about Hickey to the acting school manager and curate, Fr O Ceallaigh. But Hickey remained in his post, the court heard, and Fr O Ceallaigh had allegedly said girls should wear trousers. After parents withdrew girls from the school in protest in 1973, Hickey went on sick leave from September 1973 until January 1974 when he resigned. He took another post in February 1974 at a boys school in Ballincollig, Cork and his recognition as a teacher was only withdrawn in the late-1990s after criminal proceedings. In 1998, Hickey was jailed for three years after pleading guilty to 21 charges of indecent assault from a sample 386 counts relating to 21 girls. Catastrophic Ms O'Keeffe was awarded €54,000 compensation by the Criminal Injuries Compensation Tribunal on condition she repay it out of any damages secured in the High Court. She disputes liability to repay, arguing the award was inadequate and accepted under duress. Her High Court proceedings against Hickey and the State were heard by Mr Justice Eamon de Valera in 2004. Judgment was obtained in default against Hickey who did not appear and damages against him were later assessed at €300,000 with the judge noting the assaults had a "catastrophic effect" on Ms O'Keeffe. The assaults affected her ability to have normal physical and sexual intimacies, to socialise, caused her to be overprotective of her two children and played a major role in destroying her marriage, the court heard. However, the judge dismissed her claim that the State was vicariously liable for the assaults and awarded costs estimated at €500,000 against her. Had the proceedings been against the Roman Catholic Diocese of Cork and Ross, as the Dunderrow school was under the patronage of the bishop, the action may have had a more favourable outcome, he indicated. Ms O'Keeffe says the trial judge failed to properly consider all the evidence and law in the action, delayed almost two years before delivering judgment and unfairly awarded costs against her. The appeal continues today.
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