High Court judge 'not ruling out' contacting Pope over Canon Law in Christian Brothers abuse case
The judge said: 'I am not suggesting, at this stage, to serve the Pope but I am not ruling it out. Mr Gibson is in a better position to know better than anyone in this court'. Photo: AP/Gregorio Borgia
Further names have been added to a list of Christian Brothers previously published in a national newspaper in the hope that they come forward over their time in the Order in the 1970s regarding an abuse case, with a High Court judge "not ruling out" writing to the Pope over Canon Law interpretation into Irish law.
In July, the High Court granted permission for the publication in a national newspaper of the names of more than 300 former Christian Brothers who are now co-defendants accused of a breach of duty in a sexual civil abuse claim.
The court heard that none of those to be named are accused of abuse, but their names were to be published in the hope that they will come forward.
The civil case was before Ms Justice Mary Rose Gearty on Wednesday brought by a plaintiff who was abused by Christian Brother Liam Coughlan (aged 90) while the victim attended school in Co Kilkenny in the 1970s.
In 2023, Coughlan of Pine Grove, Tramore, Co Waterford, received two jail terms, of three years and two months and four-and-a-half years, for 49 counts of indecent assault.
The High Court has previously criticised the head of the Christian Brothers, David Gibson, for an “obstructive” approach towards civil lawsuits alleging abuse.
As an unincorporated association, the Christian Brothers cannot be directly sued if it does not provide a legal 'nominee'. Christian Brother Gibson has refused to act as a nominee for the congregation, leaving litigants needing to bring legal action against all individual members or former members of the Order.
At the High Court on Wednesday, Andrew Nugent BL successfully argued to join a combined total of 435 parties to proceedings as they are, or were, members of the Congregation of the Christian Brothers between July 1, 1971, to June 30, 1977.
The case has been taken by the male survivor of abuse, who cannot be named, against Coughlan as the first named defendant and against Brother Gibson, who is the second named defendant.
In July, Ms Justice Gearty granted permission for the plaintiff's lawyers to publish in the the names of 341 Christian Brothers, who are now co-defendants in the case, but who are not accused of any assaults.
Ms Justice Gearty was again told by Mr Nugent, for the plaintiff, because Mr Gibson would not accede to him being a 'legal nominee' to represent the Christian Brothers that the case was obliged to be taken against "everybody during the time of the complaint who was a member of the Christian Brothers".
"The reason this comes before the court is that Mr Gibson declined to act as a nominee himself, so what we are now obliged to do is to sue everybody involved, who was a member of the Christian Brothers during that time period," said Mr Nugent.
Mr Nugent said, therefore, his side were obliged to then get names of members and former members of the Christian Brothers during the time period in question, which was provided, but without a complete list of addresses or contact numbers.
As it was "unlikely" that Mr Gibson could assist in locating the former members, he said, "what we did was to ask for an order to serve former members in the ".
"I am looking to join all now 435 defendants together," he said, in a sub-service court application, again through national newspaper communication.
Ms Justice Gearty said, in granting Mr Nugent's application to join all 435 members and former members, that she would agree to the serving of an additional warning letter to all members named by Mr Gibson to be sent to the Christian Brothers' European headquarters in Marino, Dublin.
She said it was "very difficult" to put a person in the shoes of any plaintiff having to take "extraordinary steps" to pursue the case and "somewhat less" was the disturbing of innocent old men, former members of the Christian Brothers, "who may have a complete defence in these proceedings"
Ms Justice Gearty said "all of which could have been avoided if Mr Gibson, current leader of this extraordinary organisation, the Christian Brothers, would simply allow himself to be nominated in respect of this matter".
"I don't know enough about Canon Law to know whether Mr Gibson would have any duty to obey what he was asked to do by the Pope, I don't.
"I am not suggesting, at this stage, to serve the Pope but I am not ruling it out. Mr Gibson is in a better position to know better than anyone in this court," she said.
Ms Justice Gearty then ordered the matter to be adjourned for four weeks.
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