'Who is to say how he would have turned out?' asks lawyer for violent criminal suing state over alleged abuse in foster care
By Ann O'Loughlin
A violent criminal who alleges he was failed by the State as a child when put in foster care has launched a High Court action.
The 30-year old man who is currently in solitary confinement in prison, and who has in the past been jailed for violent attacks, has claimed he was physically and sexually abused while in foster care and never treated properly for his ADHD condition, despite being in the State care system since he was four years old.
His senior counsel Hugh O'Keeffe SC told Ms Justice Bronagh O Hanlon the man was first taken in to care when he was four years old due to the neglect of his mother and it was their case that there has been an "abject failure of the State" in his case.
The judge directed the identity of the man bringing the case not be revealed. The man is to give his evidence by video link from prison after the court previously granted the State application for the link after it submitted his presence may pose a threat to others and several prison officers would be required to be with him in court.
Ms Justice O'Hanlon told the man the court will listen carefully to his evidence and give it careful consideration.
The 30-year old has sued the Ministers for Justice and Health, the Attorney General, the HSE and the Irish Prison Service for alleged negligence and breach of duty and claims he was allegedly sexually abused while in foster care, which began when he was four years old.
He has claimed for a period of 10 years he was in the foster care of a family where he alleges he was assaulted, battered, falsely imprisoned and sexually abused.
He further claims he was beaten with fists, assaulted with sticks and was in a constant state of fear. At age nine he says he attempted to hang himself and on one occasion he alleged a rope was placed around his neck and he was tied up to a bed.
He further claims when he was 14 years old when he left the foster care, he was allegedly not provided with a safe environment in which to live and was allegedly given drugs and raped. Since he was 17 years old, the man has spent most of his time in prison and and has been incarcerated at various prisons where it is claimed his various conditions were not diagnosed or treated as they should have been.
It is further claimed there was an alleged failure to implement any or any suitable or adequate code of ethics or rules of good practice for foster parents and an alleged failure to take any or any adequate steps by means of screening, inquiry or character assessment before appointing the boy's foster family.
The State claims the case is statute-barred and should be dismissed. The State denies all the claims and further contends some or all of the injuries alleged were caused by the man's own acts by behaving aggressively and violently and engaging in criminal activity.
Opening the case Mr O'Keeffe said it was the man's case the State had failed him, in relation to his placement in foster care and also in allegedly failing to treat him.
"Who is to say how he would have turned out (if) given to a different foster family?" Counsel asked. He said the man has been in solitary confinement for committing terrible acts of violence and while they were not saying he was destined for a perfect life, it was their case had his ADHD been treated, "we would not be where we are today".
