Court move may delay report on sexual abuse in swimming

Legal moves are underway to delay the completion of the final report of the independent inquiry into the sexual abuse of young…

Legal moves are underway to delay the completion of the final report of the independent inquiry into the sexual abuse of young swimmers.

In an in-camera hearing last Friday evening, the High Court granted an ex-parte application for an injunction hearing next Monday, but neither the inquiry chairman, Dr Roderick Murphy SC, nor the Minister for Sport, Dr McDaid, - both of whom were named in the application - had any prior knowledge of the action.

They have yet to be served with the relevant papers and, it is understood, are not aware of the identity of the applicant.

The inquiry was ordered by the Cabinet last February following the imprisonment, for 12 years, of former national swimming coach, Derry O'Rourke. He pleaded guilty to 29 offences against 11 girls between 1976 and 1992.

READ MORE

Dr Murphy was asked to investigate how the Irish Amateur Swimming Association, the Leinster branch and affiliated clubs detected and prevented child abuse and dealt with complaints relating to O'Rourke and another former national coach, Mr George Gibney.

Dr Murphy's findings, along with recommendations, were originally due to be delivered to the Minister at the end of March, but the emergence of more witnesses who were prepared to give evidence pushed the date back. The Minister had expected the report on his desk at the end of last week or early this week.

However, the latest developments in the courts mean production of the report has been thrown into uncertainty.

A spokesman for the Minister yesterday said: "The Minister is aware of an ex-parte application of which he was given no prior notice. He has not seen any papers and has received no order. As a result, he is not in a position to make any comment."

The matter has been referred to the Attorney General, Mr David Byrne SC, he added.

Sources confirmed that all grant aid to the Irish Amateur Swimming Association remains frozen until Dr Murphy's expected recommendations on dealing with abuse are in place. The restoration of Exchequer funding is "conditional on the report", one source said.

Meanwhile, an unpublished "progress report" has been given to the Government and indicates that Dr Murphy has conducted extensive interviews since his appointment. He had compiled 1,300 pages of a report when the interim documentation was sent to the Minister for Sport in March.

The Minister said then he was prepared to release the report's ultimate conclusions and recommendations as long as legal and confidential considerations do not constrain him. Victims of swimming abuse had demanded a sworn inquiry in the wake of O'Rourke's conviction but the Government turned down their request and appointed Dr Murphy to conduct an independent investigation.