Judge turns down school's plea for non-jury trial

A private school in Co Dublin that employed convicted sex abuser Derry O'Rourke as its swimming coach has lost a High Court bid to have actions for damages brought against it and Swim Ireland by 13 victims of O'Rourke heard only by a judge and not by a judge and jury. The cases are listed for hearing next month.

Mr Justice Éamon de Valera yesterday refused an application by Eoghan Fitzsimons SC, for King's Hospital school, Palmerstown, Co Dublin, for the 13 cases to be heard by a judge only.

The judge also refused applications by the school and Swim Ireland to adjourn the hearing of the cases against them, the first of which are set for hearing on February 5th next.

Both defendants argued they were not ready to proceed with the hearing of the cases, the first of which was initiated in 1998 and the last in 2001, and indicated they may require to have medical assessments of the plaintiffs carried out. Eoin McCullough SC, for Swim Ireland, also said its chief executive was due to have a baby in early February and there would be considerable organisational difficulties if the cases proceeded as listed.

John Gordon SC, for the 13 plaintiffs, opposed any adjournment, saying it would be very unfair to the plaintiffs in proceedings which had gone on so long.

Mr Justice de Valera said the hearings had been listed for some time and the parties should be prepared for them. He believed, as things stood, the cases should go on as listed.

He further directed that an application by Swim Ireland to halt the cases on grounds they are brought outside the statutory time limits should be determined at the hearings at whatever stage the trial judge decided. He refused an application by Swim Ireland to determine that point as a preliminary issue prior to the hearings. The cases are also to be heard sequentially.

On an application by the school for orders directing the plaintiffs to give further and better detail of their claims, the judge said most of the details sought by the school were matters for evidence.

In cases where significant special damages were claimed, he said details of those special damages should be provided. He also reserved the issues of costs to the trial of the actions.

In separate proceedings, the 13 are suing the Irish Amateur Swimming Association Ltd (now Swim Ireland); King's Hospital school and O'Rourke arising from assaults on them by O'Rourke on dates from 1970 to 1994.

O'Rourke has not entered a defence in the case and judgment in default of defence was entered against him in 2007. The case against O'Rourke is proceeding only as an assessment of damages.

Swim Ireland and King's Hospital have denied any liability for O'Rourke's actions and have also denied negligence.