Dead child abusers can now be named

DEAD people identified as child abusers in State institutions can be named publicly, according to the provisional ruling of the investigative arm of the Laffoy Commission.

The ruling, posted on the commission’s web site this week, also allows for the public naming of the institution where the abuse occurred.

Last month, lawyers for the Christian Brothers and sisters who ran 26 industrial schools challenged the commission’s powers of inquiry, arguing that where an alleged perpetrator had died, there could not be a finding of abuse without evidence or denial.

However, the commission has decided that where evidence pointed towards the deceased being guilty of abuse, that person could be named.

Child abuse victim Christine Buckley, formerly a resident of Goldenbridge, said she was thrilled with the ruling.

“It’s terribly important for the sake of closure for those who were abused that the perpetrators be named, because they [the perpetrators] who are dead are obviously not going to jail,” Ms Buckley said.

“This ruling will help survivors come to terms with what happened, and their justice will be in the naming and shaming of all the perpetrators,” she said.

The commission has also ruled that a time lapse between the date of the alleged incident and the investigation would not frustrate its work.

Lawyers for the schools had argued that abuse alleged to have happened years ago would make the commission’s findings unsafe because of dimming of memory and non-availability of witnesses because of death.

However, the commission ruled that while it would consider the lapse of time before making a finding, it had “a clear statutory mandate that findings identifying parties and institutions should be made”.

Witnesses who gave evidence to the Investigation Committee would have to do so under oath and the findings would be based only on evidence which would be admissible in court.

Anyone whose character was brought into disrepute as a result of the investigation could defend themselves by addressing the commission in their own defence, and by being allowed to cross-examine their accusers.

They would also be given a copy of the evidence. The same concessions would be awarded to a religious congregation where the reputations of dead perpetrators overlap the continuing interests of the order.

Submissions on the provisional ruling can be directed to the Registrar of the Investigation Committee in St Stephen’s Green House, Dublin 2. They will not be accepted after 5pm on October 4.