A province leader of the Christian Brothers has adopted a “regrettable” position in civil cases brought by two survivors of sexual abuse at the hands of former member Jack Manning during the early 1970s, the High Court has been told.
Mr Justice Tony O’Connor directed Br Edmund Garvey to provide plaintiffs Thomas O’Callaghan and Kieran Best with the names of every member of the congregation during 1972 and 1973.
The orders were required, the court heard, because Br Garvey, who is named in the actions as he is the European province leader, has not nominated a person to act as a nominee in the proceedings.
The Supreme Court ruled in 2017 that unincorporated associations such as religious orders cannot be sued directly and that cases must be brought against the members of the order at the time of the alleged wrongdoing.
A congregation can select someone to act as its nominee, but the Christian Brothers has opted not to do this.
The decision means the plaintiffs have to sue all members of the order from the time of the abuse.
Jailed
Manning (87), who left the order in 1977 and had an address in Donnybrook, Dublin, was in July 2021 jailed for three years after pleading guilty to nine counts of indecently assaulting four of his pupils, aged six to eight, Westland Row CBS, Dublin 2.
He admitted to the full facts of the prosecution’s case.
The four former pupils, now aged in their 50s, waived their right to anonymity following the conviction, so Manning could be identified.
Two of the four: Mr O’Callaghan and Mr Best, are now suing Manning, Br Garvey as province leader, and the Department of Education seeking damages for alleged sexual assault, infliction of emotional suffering and breach of statutory duty, among other things.
The plaintiffs’ counsel, Conor Duff, instructed by Connolly O’Neill Solicitors, told the High Court this week that Br Garvey has until now “completely ignored” correspondence from the plaintiffs’ legal team asking for a nominee or the names of every Christian Brother member during the times of the abuse.
This was a “regrettable” position, said Mr Duff, who asked the court to compel Br Garvey to provide a list of names.Neutral stance
Counsel for the province leader said he was adopting a neutral stance on the application.
Mr Justice O’Connor made the direction sought by the plaintiffs.
The same judge recently made a similar order in another damages case brought against the congregation over sexual abuse by Paul Hendrick, a retired Christian Brothers member who also taught at Westland Row CBS.
Mr Justice O’Connor’s order in that case led to the addition of 118 new defendants.
Hendrick is currently awaiting sentencing in the criminal courts, having pleaded guilty to the abuse.
Mr Best, of Tallaght, Dublin, and Mr O’Callaghan, of Ratoath, Co Meath, separately claim in their civil actions that they were sexually abused by Manning on a consistent and regular basis while in his class in 1972.
They allege the abuse occurred when Manning would call up the students, aged between seven and eight, to correct their homework and involved Manning touching the students’ private parts beneath their trousers.
They both claim there was an incident where Manning oversaw a group of boys running around the schoolyard naked and then towel-dried them and touched them.
Mr O’Callaghan alleges his parents reported the issue but Manning was allowed to remain as a teacher.
He felt “incredibly uncomfortable and unsafe” as a child in Manning’s classroom and felt he had no other option but to leave school prior to completing his Junior Certificate, he says.
Mr Best says he often skipped school to avoid being in Manning’s class.
The abuse, he says, has had a “profound” impact upon him and he continues to experience flashbacks that have increased since the criminal court proceedings against Manning.
Their actions have been adjourned.