Wrongdoers in health board and HSE carry on unfazed
Last Friday, the day Seán FitzPatrick was arraigned before Dublin District Court – resulting in those memorable images of the former Anglo chief pursued by a flash-mob of paparazzi and darting to his taxi like a wounded, frightened stag – another story of at least equivalent public interest slithered less conspicuously into the public domain. In this case there was no visible villain, which meant it became a less prominent story, which probably means in turn the public consciousness of its importance was stillborn.
The RTÉ news bulletin that evening carried no report of this story, although Saturday’s newspapers published brief accounts. It concerned a former secondary school teacher who had won damages of €736,984 after the High Court found his life had been destroyed by the “grossly reckless” conduct of a Health Service Executive inquiry into allegations that he had sexually abused a male pupil.
Delivering his judgment, Mr Justice Iarfhlaith O’Neill said the man was a victim of “targeted malice” and of a prejudged inquiry by the then area health board and HSE. The judge said the inquiry had manifested “a perverse calculated effort” on the part of the defendants to give effect to their prejudgment that the allegations were true. He said he was satisfied that the malfeasance in public office of these institutions had the consequence of destroying irreparably the life this man had enjoyed, in all its aspects: professional, social and domestic.
The health board had persistently refused to give the man an account of the allegations of a former pupil, made through the auspices of an American counsellor. The judge said the defendants had in effect accepted the allegations from the outset and, at every step of their investigation, had “sheltered the allegations from appropriate scrutiny, thereby ensuring the applicant did not escape his fate as a child sex abuser, as they saw it”.
He added that the investigation was “conducted in a manner calculated to ensure that the predetermined conclusion would not be deflected or disturbed by any meaningful input by the applicant”. The pupil, now aged 24, has never made a formal complaint to the Garda.
The judge said the teacher had endured extraordinarily high levels of stress and great mental anguish and suffering. As a result of the defendants’ behaviour, he would have to live with the consequences for the remainder of his life. “No human being could be expected to face the same experience again,” the judge said.