School abuse victim claims State liable for assaults

A WOMAN who was sexually assaulted 20 times by a national school principal at the age of eight, has asked the Supreme Court, in a test case, to rule that the Minister for Education and the State are vicariously liable for the assaults.

More than 200 cases are awaiting the outcome of the action by Louise O’Keeffe which, the State says, could lead to it being held liable, not just for abuse in the past, but for “a whole host” of events occurring daily in more than 3,000 national schools.

The five-judge court yesterday began hearing the appeal by Ms O’Keeffe (43), a separated mother of two, Thoam, Dunmanway, Co Cork, against a High Court decision that the State is not vicariously liable for the assaults inflicted on her by Leo Hickey at Dunderrow National School, Co Cork, from January to September 1973.

A complaint was made in 1971 by another parent about Hickey to the acting school manager and curate, Fr Ó Ceallaigh, but Hickey remained in his post, the court heard. Fr Ó Ceallaigh had allegedly said girls should wear trousers. After parents withdrew girl children from the school in protest later in 1973, Hickey went on sick leave in September 1973 until January 1974, when he resigned.

He took up another post in February 1974 at a boys’ school in Ballincollig, Cork, and his recognition as a teacher was only withdrawn in the late 1990s after criminal proceedings.

In 1998, Hickey was jailed for three years after pleading guilty to 21 charges of indecent assault from a sample 386 counts relating to 21 girls.

Ms O’Keeffe was later awarded €54,000 compensation by the Criminal Injuries Compensation Tribunal on condition she repay it out of any damages secured in the High Court. She is disputing liability to repay, arguing the award was inadequate and accepted under duress.

Her High Court proceedings against Hickey and the State were heard by Mr Justice Eamon de Valera in 2004. At the outset, judgment was obtained in default against Hickey, who did not appear, and damages against him were later assessed at €300,000, with the judge noting the assaults had a “catastrophic effect” on Ms O’Keeffe.

The assaults affected her ability to have normal physical and sexual intimacies, to socialise, caused her to be overprotective of her children and played a major role in destroying her marriage, the court heard.

The judge dismissed her claim that the State was vicariously liable for the assaults and awarded costs of about €500,000 against Ms O’Keeffe. Had the proceedings been brought against the Catholic Diocese of Cork and Ross, as the Dunderrow school was under the patronage of the bishop, the action may have had a more favourable outcome, he indicated.

When asked about that issue yesterday, which had been raised by the State in its defence, Frank Callanan SC, for Ms O’Keeffe, said the then bishop and two other clerics who were acting school managers at the time were all deceased and there was an issue whether a Catholic bishop was “corporation sole” for the purpose of legal proceedings. Ms O’Keeffe contends the trial judge failed to properly consider all of the evidence and law in the action, delayed almost two years before delivering judgment, repeatedly failed until ordered by the High Court president to list the matter to say when judgment would be delivered, and unfairly awarded costs against her.

She wants the Supreme Court to set aside the High Court decision, find vicarious liability against the State and award damages to her. Alternatively, she says the case should be reheard by the High Court.

Mr Callanan argued the State is vicariously liable for Hickey’s assaults because, although Hickey was appointed by the school manager, a cleric, his appointment had to be recognised by the Minister for Education and he could not have taken up the position without that recognition.

The State was also vicariously liable for the alleged negligence of Fr Ó Ceallaigh in relation to the 1971 complaint about Hickey.

The appeal continues today.