Sunday, February 08, 2009

Action on Christian Brothers abuse claims settled

A man who claimed he was regularly beaten and sexually assaulted by the principal of a Christian Brothers’ primary school where he was a pupil in the 1980s has settled his High Court action on undisclosed terms.

The man had sued the school principal, a Christian Brother, over the alleged assaults and also sued the provincial congregation of the Christian Brothers for alleged breach of duty as employer.

Both defendants denied the claim.

Following talks between the sides today, Mr Justice Vivian Lavan was told by Michael Counihan SC, for the man, the matter had been settled and could be struck out with no order.

The man, a carpenter, had claimed that, as a 4th, 5th and 6th class pupil in the school, he was regularly beaten by the principal who eventually went on to sexually assault him.

He sought damages against the Christian Brothers order alleging negligence in appointing a “dangerous, perverted and unsuitable” person to the position of principal and in failing to make an adequate assessment of his suitability for the job.

He also alleged the Brothers’ failed to properly supervise, monitor or control the principal’s activities and failed to investigate or observe him and the behaviour and reactions of children in his presence.

He also claimed the Brothers failed to remove him from his position as principal.

He alleged the physical abuse began when he was ten, in 1977, when he was struck with a leather strap on his hands for various misdemeanours such as making a mistake in his homework.

He claimed the sexual abuse began in March 1978 and was carried out during classtime when the teacher was correcting homework.

The man claimed the principal would put his hand down the boy’s trousers while the rest of the class were told to “go to sleep” in Irish.

He claimed the abuse happened every second week for about a year and only stopped after he was given a particularly severe beating and his father had complained.

After this, the sexual abuse stopped and the physical beatings “lessened somewhat”, he claimed.

As a result of the alleged abuse, the man said he left school at 16, became involved in drug and alcohol abuse and was very disturbed during his teenage years and early adulthood. On two occasions, he attempted to commit suicide.

He has been diagnosed as suffering from post-traumatic stress disorder and he claimed the abuse also led to marked personality difficulties.

While he had settled down in recent years and no longer abuses drugs or drink, he still has a low frustration tolerance and is prone to temper outbursts, he said.

He added he also feels shame and humiliation over the alleged sexual abuse.
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(Source: IT)