A BID by a Christian Brother to halt a legal action against him over alleged physical and sexual abuse of a former pupil has been rejected by the High Court. The Brother, a former primary school teacher and principal, denies the alleged abuse and sought orders from the court dismissing the action on grounds of inordinate and unreasonable delay in prosecuting it.
The delay, it was alleged, had prejudiced his defence.
The complainant, who has brought his personal injury claim against the Brother and the Christian Brothers order, denied those claims and also pleaded the nature of the alleged abuse was such, if there was such delay, the delay was excusable.
In a reserved judgment yesterday, Ms Justice Elizabeth Dunne refused to halt the action.
The judge noted the complainant alleges that, when he was in fourth, fifth and sixth class at a school run by the Christian Brothers he was systematically and regularly physically, psychologically and sexually abused by the Brother.
It was claimed the alleged abuse took place between 1977 and 1979 when the complainant was aged between eight and 11 and it had a detrimental effect on his life and mental wellbeing.
A formal complaint was made to the Garda in 1996 and civil proceedings were issued in 2006.
The Brother denied the claims. He said he had used a leather strap on the palms of boys’ hands and pulled the locks of their hair when they were out of control, but said he had no memory of the complainant.
Ms Justice Dunne said there was no clear and patent unfairness in asking the Brother to defend the proceedings now.
While the Brother had no memory of the complainant, it was quite clear he had a memory of his conduct during the period of time, and had made certain admissions in relation to boys in his charge at that time, she said.
She refused the application.
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(Source: IT)