A HIGH COURT jury has awarded €140,000 damages to a Co Donegal woman, after finding she was sexually assaulted as a young child over a two-year period in her own home by a former Presbyterian minister who gave her piano lessons.
The award, including aggravated and exemplary damages of €20,000, plus costs, was made to the 34-year-old mother of two against Graham Stewart, a former Presbyterian minister, now living at Milverton Green, Luton, England, and with a previous address at Bloomfield Road, Belfast.
Stewart had filed a defence denying the claims, but failed to appear in court yesterday for the action before Mr Justice Eamon de Valera and a jury. The judge said the case would proceed, as Stewart was aware it was for hearing and solicitors acting for him had been allowed come off record as they were unable to get instructions.
The jury was told Stewart is no longer a Presbyterian minister after a judicial committee of that church found against him in relation to complaints made against him by the woman and three other girls.
Michael Carson SC, for the woman, said this was a simple but serious case and the jury should award aggravated damages in light of Stewart’s conduct at the time of the abuse and afterwards. Counsel also said the woman had made complaints to gardaí, but Stewart was not prosecuted “for whatever reason”.
The woman said Stewart phoned her twice in 1996 trying to dissuade her from pursuing her complaints and had told her he, not she, would be believed by the church. She said he had “more or less admitted” what had happened and asked to meet her, but she refused. She was concerned Stewart had access to children as a minister.
In his charge to the jury, Mr Justice De Valera said, if they accepted the uncontradicted evidence, they were entitled to consider whether aggravated and/or exemplary damages should be awarded given Stewart’s conduct during and after the abuse, including his contacting the woman, not turning up in court and being a teacher in a position of trust.
The judge expressed concern about high awards and said, while the woman’s injury was “gross and severe” and she was entitled to “significant damages“, she was “not a quadriplegic” and the jury should not “lose the run” of themselves.
After one hour’s deliberation, the jury awarded general or compensatory damages of €120,000, plus €10,000 for aggravated and €10,000 for exemplary damages.
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(Source: IE)