A former leading swimmer who claims he was abused by the coach George Gibney has taken a High Court action for damages against the BBC after it identified him in a programme on child sexual abuse.
The man said he agreed to give an interview after being assured nothing would be done which would identify him. But he was named and had suffered severe trauma as a result, he said.
In court yesterday Mr Justice Barr asked that the man not be identified in the media as it would defeat the purpose of the proceedings.
The action is for alleged negligence, breach of contract and breach of a confidential or common law duty of confidence and respect for the privacy of the plaintiff. Liability is admitted and the court has been asked only to assess damages.
Mr James Gilhooly SC, for the former swimmer, said his client came under the tutelage of Gibney, who had sexually abused him when he was a child over a period of three to four years.
Mr Gilhooly said his client had managed to keep secret what had happened and to cope with it as best he could until 1992, when Gibney was charged with the abuse of young girls.
The man was then treated by a psychologist who counselled him. But he felt he could cope better without the counselling and by putting the experience behind him.
Family members were not aware of what had happened to him for a long time. He had told his wife about it some time before 1992 and also told another swimming coach.
Counsel said the man had given a number of interviews about abuse but had always done it under a pseudonym. He was trying to put behind him what had happened when he was a child.
In September 1995 the BBC had asked him to give an interview for a programme on child sexual abuse by sporting coaches. Assured nothing would be done to reveal his identity, he agreed to be interviewed. But in the BBC Radio 5 broadcast on October 30th, 1995, he was named.
Before the broadcast he was not on medication and the abuse was not public knowledge. Following the publication, he suffered severe trauma and took extensive counselling, Mr Gilhooly said.
In evidence, the former swimmer said the abuse had happened from when he was about 11 until the age of 14. At the time he did not know what was going on, being too young to understand. As he grew older, he had a lot of problems.
He said he had confronted Gibney in late 1990. His reaction shocked him. Gibney was dismissive.
The man said he became depressed and felt he was on his own. He accepted the advice of a doctor to try to put it behind him but that had caused him more problems.
In late 1991 he went to see a psychologist and in 1992 he told a couple of people what Gibney had done to him. The man said he gave up coaching.
In late 1992 he was told that a doctor whom he had been attending had to make a report to the Garda and the Eastern Health Board.
The doctor told him gardai had a lot of statements at that stage and it was up to the swimmer whether he made a statement to them. He made a statement to gardai but wanted to be anonymous and was assured his anonymity would be protected.
In early 1993 he was asked by a newspaper journalist if he would talk to him. He spoke to that journalist on the understanding that his name would not be published. Later, a man working for the BBC asked him if he would do an interview for that station. He was told there would be no question of him being identified.
He was shocked when he heard his name broadcast. He had a call from the person who had asked him to do the interview, and from the programme's producer, apologising for his name going out.
He also got a call from a newspaper journalist who said he had received a transcript of the interview, which included the swimmer's name, the day before it was broadcast.
A number of coaches had asked him after the broadcast if the situation in Ireland was as bad as alleged and if the authorities were going to pursue Gibney. About 10 people, including five coaches, raised it with him. He did not want to be asked about it. By June 1996 he was depressed.
The hearing continues today.