Sex abuse damages claim against Redemptorist Order halted

A man's action seeking damages against the Redemptorist Order over sexual abuse allegedly suffered more than 40 years ago as an altar boy has been halted by the president of the High Court.

Mr Justice Nicholas Kearns said allowing the case to proceed would involve "patent unfairness", as the Order had been substantially prejudiced as a result of delay in bringing the case.

The man claimed that when aged between seven and 11 years he suffered regular and continuous abuse by a deceased Redemptorist Brother while an altar boy in Limerick between 1965 and 1970.

As a result, his personal development suffered, he attempted suicide when aged 21, developed an alcohol problem and his relationships with women were damaged, including his marriage, which broke up in 1999, he claimed.

In a pre-trial application, the Redemptorists sought to have his action struck out on grounds of delay in bringing the case.

They argued periods of delay from 1993, when he first made a complaint to the Redemptorists, to 2008, when he first went to a solicitor, and to 2010, when he first made a complaint to the gardaí, were independently and cumulatively inexcusable.

They rejected arguments that a memo by a priest who interviewed the man about his allegations in 1993 was proof of an acceptance the abuse had occurred.

The man’s lawyers argued the delay was excusable on grounds that, due to the abuse, he was psychologically incapable of bringing proceedings until recently.

It was also argued the climate which had prevailed in Ireland had made it impossible for victims of sexual abuse to come forward with complaints.  The manner in which his 1993 complaint was handled by the Redemptorists caused further delay, it was argued.

After beginning therapy, the man in 1993 himself decided to go into the Redemptorist Monastery in Limerick to complain about the abuse and was later interviewed twice by three priests about his allegations, the court heard.

He was later told the Brother involved was innocent after being sent to the Stroud Institute, which provides treatment for clerics with addictions, it was claimed. This was a setback which led to a further delay because he thought nobody would believe him, it was argued.

In his decision to strike out the case, Mr Justice Kearns said the interests of justice required it to be halted.

The judge accepted arguments that the climate in Ireland at the time and the effect of the declaration of the Brother’s innocence by the Redemptorists had contributed to the delay.

In considering whether the delay was excusable, he had to decide where the balance of justice lay, the judge said. In that regard, the most important witness, the Brother involved, had died in 1997, and there was no one to directly challenge the allegations, he said. There was also a lack of relevant documentary evidence and potentially important records have been destroyed.

The existence of a memo from when the complaint was made to the Redemptorists in 1993 was not sufficient to tip the balance of justice in favour of the man and only compounded the defendant’s inability to properly defend the case after such a lapse of time, he said.