O'Rourke abuse victims reach legal settlement

A 10-year battle for compensation by 13 female swimmers who were victims of convicted sex abuser swimming coach Derry O'Rourke ended at the High Court today when their separate cases were settled for substantial damages against Swim Ireland and a private Dublin school which employed O'Rourke as a swimming coach.

Under the settlement, against King's Hospital School, Palmerstown, Co Dublin and Swim Ireland, 12 of the victims will get six figure sums of compensation each, and costs against King's Hospital school, while the remaining victim will get a lesser sum.

After the settlement, announced at a very brief hearing before Mr Justice Eamon De Valera, Mr Dave Coleman, of Lavelle Coleman solicitors, solicitor for the 13, said his clients were satisfied with the outcome and he paid tribute to their fortitude and patience.

Mr Coleman said his clients were aged between 10 and 17 when the abuse occurred and were "very brave" to have persevered with their actions for over ten years.

The first claim for damages was initiated in 1998 and the last claim was made in 2001. In separate proceedings, the 13 had sued the Irish Amateur Swimming Association Ltd (now Swim Ireland); King's Hospital school, and O'Rourke over assaults on them by O'Rourke on dates from 1970 to 1994.

They did not proceeed with claims against the IASA Leinster Branch Ltd, which went into liquidation some years ago, or against Kings Hospital school swiming club.

O'Rourke entered no defence in the case and judgment in default of defence was entered against him in 2007.

O'Rourke was National Swimming Coach with the IASA at the time of the assaults and was also Director of Swimming with King's Hospital school swimming club and the claims against Swim Ireland arise from that.

Swim Ireland had denied the claims and also contended they were statute-barred (brought outside the legal time limits).

In their proceedings against Kings Hospital school, the 13 women claimed the school was vicariously liable for the actions of O'Rourke and also claimed it was negligent and in breach of its duty in relation to O'Rourke.

They claimed O'Rourke was employed by the school as its swimming coach and pool manager but that he was allowed remain in those posts despite complaints being made about him to the school on several occasions from 1973.

The school had denied any liability for O'Rourke's actions and also denied negligence. It claims only one of the 13 plaintiffs was a pupil of the school and that it cannot be liable for his actions while coaching the plaintiffs after school hours.