State not vicariously liable in school abuse case, court rules

THE Supreme Court has ruled in a test action that the State cannot be held vicariously liable for a series of sexual assaults by a national school principal on an eight-year-old girl.

Some 200 cases were awaiting yesterday’s judgment on the appeal by Louise O’Keeffe, 43, of Thoam, Dunmanway, Co Cork, against a High Court decision that the Minister for Education and State are not vicariously liable. Ms O’Keeffe is facing a potential legal costs bill of more than €750,000 but the costs issue will be decided later.

By a four to one majority, the Supreme Court dismissed the appeal, ruling the State cannot be held vicariously liable for 20 sexual assaults by school principal Leo Hickey on Ms O’Keeffe when she was a pupil at Dunderrow National School, Co Cork, in 1973. Hickey was jailed for three years in 1998 after pleading guilty to 21 sample charges of indecent assaults on 21 girls.