A man who claimed he was sexually assaulted while a pupil at a Christian Brothers school in Dublin has settled his High Court action for damages.
The 33-year-old man, who was a student at Oatlands junior school, Stillorgan, Co Dublin, between 1983 to 1986, had sued a former Christian Brother Patrick John Kelly and the congregation of Christian Brothers arising from the alleged assaults. Both defendants had denied the claims and the congregation pleaded it was not vicariously liable for the acts alleged against Kelly.
Kelly was the principal of Oatlands school at the time of the alleged assaults and is serving a sentence in Arbour Hill Prison after being convicted of sexual abuse charges relating to other people.
The action was listed for hearing before Ms Justice Elizabeth Dunne and a jury yesterday but, after discussions between the sides, David Hegarty SC, for the man, told the court that the case had been settled and that proceedings against both defendants could be struck out.
Mr Hegarty said it had been agreed that his client's costs would be paid by the congregation. Michael O'Donoghue SC, for the congregation, and Peter Mullen, solicitor, for Kelly, said their clients consented to the settlement.
No further details of the settlement were given.
In his statement of claim, the man said that when he was a student at Oatlands, he sustained serious personal injuries, trauma and psychological damage after he was subjected to repeated episodes of sexual assault by Kelly.
He also claimed that the congregation knew or ought to have known that Kelly was unsuitable to have unsupervised contact with children and failed to have in place procedures for the supervision of members of the congregation charged with the duty of educating young people.
The assaults occurred in Kelly's office, in a small room where stationery was stored, toilets, a computer room, the school library, the chapel, in Kelly's room at the monastery and on trips to Cork, he claimed.
The man said he had dropped out of school shortly after he left Oatlands to begin his secondary education and has had no formal education since. As a result of the alleged abuse, the man claimed he has experienced problems with drink and drugs, suffered from low self esteem, and in 1999 required psychiatric treatment.
It was further claimed that the man had difficulties committing to work, had a marked lack of respect for persons in authority, had problems sleeping, and had reported having flashbacks in which Kelly would attack and beat him.