School and Carmelites object to trial dates in actions over abuse by teacher John McClean

02/04/2025 ***FILE PHOTO ****

Lawyers for victims of ex-teacher and serial sex offender John McClean have criticised Terenure College and the Carmelites in the High Court for objecting to the fixing of trial dates in actions brought over McClean’s abuse.

Counsel for the religious order and school defended the objection, saying they were entitled to interrogate certain financial claims advanced by the victims in the actions, and that the cases were not ready for trial in June.

The submissions were made on Wednesday when cases brought by former Terenure College pupils Greg Dalton, Paul Kennedy and Niall Walsh against McClean, Terenure College’s board of management and Carmelite Order representative Fr Michael Troy came before Judge Tony O’Connor. The cases were mentioned ahead of next month’s High Court jury action sessions.

Dalton, Kennedy and Walsh have sued over sexual abuse they say they suffered at the hands of McClean during their time at the south Dublin school, which is run by the Carmelite Order.

McClean (81), who once taught at Terenure College, was previously convicted at Dublin Circuit Criminal Court of abusing 49 boys at the school. He is currently incarcerated, having formerly resided at Casimir Avenue, Harold’s Cross.

At Wednesday’s hearing, barrister Andrew Nugent, appearing for Mr Kennedy and instructed by Coleman Legal, said the case arose from historical sexual abuse “of the most significant and substantial type”, occurring over a sustained period from the 1970s to the 1980s.

Mr Nugent said his client was anxious to get his case heard, and that he was seeking the next available hearing date for the trial of the action.

He said lawyers for the Carmelites and the school wrote to his side on Tuesday stating that the case was not ready for trial, as they needed to have Mr Kennedy medically assessed and were seeking further discovery of documents.

Mr Nugent said no reason was offered by the religious order and school as to why those steps were not taken in the two years since the case was initiated. Counsel said the defendants were notified earlier this month of their intention to seek a hearing date.

Now, Mr Nugent said, the religious order and school were “at the 11th hour” saying the case was not ready for hearing. This application was “unconscionable” and “unfair” to Mr Kennedy, counsel said: “This man has already suffered enough.” 

Barra Faughnan, barrister for the religious order and school, instructed by Mason, Hayes & Curran, said Mr Kennedy had recently advanced a new claim for €400,000 in lost earnings. He said his side was entitled to examine that claim, and said the case was not ready to go to trial.

Mr Faughnan also noted that there were efforts to resolve the case, but those discussions were not successful.

Mr Nugent, also appearing for Mr Dalton, said that similarly to Mr Kennedy’s case, the school and religious order on Tuesday wrote to say they were seeking a medical assessment of Dalton.

Mr Faughnan submitted that Dalton was advancing a €600,000 claim for lost earnings, a claim not mentioned in his plenary summons, a document filed to initiate a High Court action. Counsel said his side needed to investigate the claim.

The judge adjourned both matters to next month, with the cases to be expected to be listed for trial in the October jury action sessions.

Siún Leonowicz, barrister for Mr Walsh instructed by Coleman Legal, said her client’s case was initiated in 2023, and since then the other side had taken no steps to medically assess her client.

The judge listed the matter for a date in September for a hearing date to be fixed.