GAA coach brings legal challenge to finding he is risk to children

A GAA coach has brought proceedings aimed at overturning a finding by the Child and Family Agency he represents a risk to children.

The man, who cannot be identified for legal reasons, disputes the finding made against him in 2013 following an investigation on behalf of the agency into an allegation he sexually abused a girl when she was aged between 6 and 16 years old.

Through his lawyers, the man gave an undertaking to cease coaching until after his judicial review proceedings have been heard.

The undertaking was provided after Mr Justice Richard Humphreys remarked it was “a bit odd” the man remained coaching youngsters after the 2013 finding.

Earlier when applying ex-parte (one side only represented) for leave to bring the challenge Damien Colgan SC for the man said his client denies the allegations against him. His client is “entitled to a presumption of innocence” pending his appeal against the finding, he said.

Counsel said a woman, who now lives abroad, had made a statement to gardaí alleging she was sexually assaulted by the man between 1979 and 1989. No prosecution was brought arising out of that complaint and no other complaint of this nature was made against the man, counsel said.

The matter was investigated for the Health Service Executive by a social worker. In 2013 a finding was made by the Child and Family Agency that the man is a risk to children and third parties should be informed of this.

The man lodged an appeal against the agency’s finding shortly after it was made but the appeal has not been heard for various reasons, counsel said.

His client, who wanted the matter dealt with as soon as possible, contended the investigation conducted on behalf of the agency was fundamentally flawed. The social worker who carried out the investigation had never interviewed the complainant, something that must be done as part of any such investigation, he said.

The finding against the man was based on a redacted statement made by the complainant to gardaí, counsel added. The Child and Family Agency had not made full and proper disclosure to his client which it was obliged to do as part of the investigation process.

Mr Justice Humphreys directed the leave application be heard on notice to the Child and Family Agency and adjourned the matter to later this month.