Bid by Christian Brother to stop legal action against him rejected

A legal bid by a Christian Brother to dismiss an action taken against him by a former pupil for alleged physical and sexual abuse on the grounds of delay has been rejected by the High Court.

The brother, a former primary school teacher and principle, had sought orders from the court dismissing the claim for inordinate and unreasonable delay on the part of the plaintiff in prosecuting and maintaining the claim and for want of prosecution.

He had also claimed that the delay was prejudicial.

Today at the High Court Ms Justice Elizabeth Dunne refused the brother's application and cleared the way for the action to go ahead.

The complainant, who argued that nature of the abuse was such that any such delay was excusable, has brought a personal injury action against both the brother and the religious order.

He alleges that when he was in fourth, fifth and sixth class at a school run by the Christian Brothers he was systematically and regularly physically, psychologically and sexually abused by the brother.

It is further claimed that the alleged abuse took place between 1977 and 1979 when the complainant was aged between 8 and 11, and that it has had a detrimental effect on his life and mental well-being.

A formal complaint was made to the Gardaí in 1996. Civil proceedings were issued in March 2006.

In his defence the brother, who had admitted to using a leather strap on the palms of boys hands and when they were out of control having pulling the locks of their hair, denies the claims and says that he has no memory of the complainant.

However Ms Justice Dunne said that she "cannot see that there is a clear and patent unfairness in asking the Brother to defend the proceedings notwithstanding the length of time that has elapsed since the matter was first complained of.

The judge added that while the brother had no memory of the complainant, it was quite clear that he had a memory of his conduct during the period of time, and had made certain admissions in relation to boys in his charge at that time.