A mother told the High Court today her young daughter had to spend three days in hospital after being boxed and kicked in June 1998 when she was in junior infants during her first year at school. It is claimed the girl was repeatedly bullied by fellow pupils.
Mrs Margaret Mulvey, Ashwood Avenue, Clondalkin, Dublin, was giving evidence on the second day of the action by her 10-year old daughter Nicola against Scoil Nano Nagle, Bawnogue, Clondalkin. Nicola, who was born on June 16th, 1993, became a pupil of the school at the age of four.
The school has denied the alleged or any negligence or breach of duty. The court was told today a number of teachers who had been in the junior infants' yard would give evidence and say it was inconceivable that Nicola would have been subjected to the amount of assault described without their learning of it.
In evidence today, Mrs Mulvey said that on June 25th, 1998, a Thursday, she went to the school at 1.30 p.m. to collect Nicola. Normally Nicola would be the last one out. On this occasion, a nun held the class back and brought Nicola out, saying she was very tired that day and was sick.
Mrs Mulvey said Nicola had asked to be carried. Nicola said her ribs and back were sore and she could not walk. Mrs Mulvey said she asked the nun what had happened to Nicola and was told Nicola had been boxed and kicked that day but that it would not happen again.
When she brought Nicola home, the child lay on the sofa and fell asleep. Fifteeen minutes later she woke up screaming and holding her side and started vomiting green bile. "We panicked," Mrs Mulvey said. They phoned a doctor who told her to take Nicola to Our Lady's Hospital, Crumlin.
In the hospital, Nicola was checked out with scans and x-rays. She was covered in bruises. The hospital people inquired as to where she had got all the bruises, some of which were every old. They questioned the child.
Nicola was kept in hospital on the Saturday. Mrs Mulvey said she never left Nicola, who was very frightened and sore. When Nicola was discharged from hospital, she was very nervous and could not go near the school or near to an estate where one child lived.
Mrs Mulvey said she and her husband, since deceased, wrote to the school board of management, saying that Nicola had been hit by another pupil. In a reply from the board of management on September 8th, 1998, the board wrote it had been decided to forward their letter to the school's insurance company.
Mrs Mulvey said she had seen Nicola being bullied in the school yard on six or seven occasions. Nicola had complained on several occasions that her lunch box had been taken — she did not know by who. Mrs Mulvey said she complained at the school.
After asking permission from a nun to speak to the children, Mrs Mulvey said she asked the children to Nicola alone and stop kicking her and taking her lunch. If they did not want to play with Nicola, she asked them to just leave her alone.
Cross-examined by Mr Finbarrr Fox SC, for the defence, Mrs Mulvey said Nicola had asthma. She also had an anaphylactic allergic condition where her life could be in jeopardy and this required a syringe being in the school every day.
Mrs Mulvey said monitored the school at breaktimes in October, November and December 1997. She hid behind a tree and saw her child being beaten up five or six times. She told a nun about these attacks. There was also name calling.
Asked about an incident when she had reported that another child had pulled down Nicola's pants, Mrs Mulvey said she had felt slightly threatened by the nun's response. She had been told the nun knew the family of the child involved very well and also knew the child in question whom the nun considered to be a well-behaved.
Nicola had been in hospital a number of times in 1997 because of health difficulties and had missed school as a result.
Mr Fox suggested that on the occasion Mrs Mulvey spoke to the children about Nicola, she had gone in univited and unannounced. Mrs Mulvey said she had asked could she speak to them. Asked if she had shocked and scared the nun, Mrs Mulvey said she had not.
She agreed the school was aware of Nicola's needs and had been alert and attentive to her.