High Court stops man suing religious order17/08/2012 - 16:30:23
The High Court has stopped an action for damages against a religious order by a man who claims to have been beaten and sexually abused in a north Dublin school 48 years ago.
Mr Justice Paul McDermott has found there is a real risk of an unfair trial due to the lapse of time.
The 56 year-old claims when he was 8 or 9 in primary school he was accused of stealing by a Brother Brendan who brought him to a room, lashed him with a leather strap and had sexual intercourse with him.
He alleges he was beaten by another Brother three weeks later.
Since childhood he's had a troubled life and the court has accepted symptoms of post traumatic stress disorder, panic attacks and alcohol dependency help explain why the accusations didn't surface until 2003.
However since then there have been other problems, initially he accused the wrong religious order and then it emerged there were 2 Brother Brendan's at the school both of whom are now dead as are many other potential witnesses.
In the circumstances, Mr Justice Paul McDermott has found that there is a real risk of an unfair trial and that there is patent unfairness in asking the order to defend such an action.