O’Rourke’s 13 abuse victims reach settlement
After the settlement, announced at a brief hearing before Mr Justice Eamon De Valera, Dave Coleman, 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 more than 10 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 (today 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 proceed with claims against the association’s Leinster Branch Ltd, which went into liquidation some years ago, or against King’s Hospital school swimming 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 association 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 limit).
In their proceedings against King’s Hospital school, the 13 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 to 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 has 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.
It had also opposed a decision by the High Court that the action could be heard by a judge and jury rather than a judge only.
Last month, Mr Justice De Valera refused applications by the school and Swim Ireland to adjourn the actions, the first of which was due to open last Tuesday.
Both defendants argued they were not ready to proceed with the hearing of the cases and indicated they might seek to have medical assessments of the plaintiffs carried out. Counsel for Swim Ireland also said its chief executive was about to have a baby and there would be considerable “organisational difficulties” if the cases proceeded as listed.
However, John Gordon SC, for the 13 plaintiffs, opposed any adjournment, saying it would be unfair to the plaintiffs in proceedings which had gone on so long.
The actions did not proceed on Tuesday last because counsel for King’s Hospital School told the judge on Monday the school was appealing his decision that the cases could proceed before a jury.
The judge adjourned the cases for mention to yesterday to allow the plaintiffs to consider whether they wished to proceed before a judge only court.
Yesterday, Eoin McGonigal SC, for the plaintiffs, said all the cases could be struck out with orders for costs in 12 cases against King’s Hospital school only, to include discovery costs but no reserved costs. In relation to the remaining case, there was to be an order for costs on the circuit court scale and no reserved costs.
When the judge asked counsel for Swim Ireland or King’s Hospital school whether they wished to say anything, counsel indicated they did not.
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