A woman has told the High Court her young daughter had to spend three days in hospital after being boxed and kicked in June 1998 when she was in junior infants during her first year at school. It is claimed the girl was repeatedly bullied by fellow pupils.
Ms Margaret Mulvey, Ashwood Avenue, Clondalkin, Dublin, was giving evidence on the second day of the action by her daughter Nicola (10) against Scoil Nano Nagle, Bawnogue, Clondalkin. Nicola became a pupil of the school at the age of four. The school has denied any negligence or breach of duty.
The court was told yesterday a number of teachers who had been in the junior infants yard would give evidence it was inconceivable that Nicola would have been subjected to the amount of assault described without their learning of it.
In evidence yesterday, Ms Mulvey said that on June 25th, 1998, she went to the school at 1.30 p.m. to collect Nicola. Normally she would be the last one out. This time, a nun brought Nicola out, saying she was very tired that day and was sick.
Ms Mulvey said Nicola had asked to be carried. Nicola said her ribs and back were sore and she could not walk. Ms Mulvey said she asked the nun what had happened and was told Nicola had been boxed and kicked that day, but that it would not happen again.When home, the child lay on the sofa and fell asleep.
Fifteeen minutes later she woke up screaming and holding her side and started vomiting green bile. They phoned a doctor who told her to take Nicola to Our Lady's Hospital, Crumlin.
There she was checked with scans and x-rays. She was covered in bruises. The hospital people inquired as to where she had got all the bruises, some of which were every old. Nicola was kept in hospital on the Saturday.
Ms Mulvey said she and her husband, who had since died, wrote to the school board of management, saying that Nicola had been hit by another pupil.
In a reply the board wrote it had been decided to forward their letter to the school's insurance company.
Ms Mulvey said she had seen Nicola being bullied in the school yard six or seven times. She had complained on several occasions that her lunch box had been taken - she did not know by whom.
After asking permission from a nun to speak to the children, Ms Mulvey said she asked the children to leave Nicola alone and stop kicking her and taking her lunch.
Cross-examined by Mr Finbarr Fox SC, for the defence, Mrs Mulvey said Nicola had asthma. She also had an anaphylactic allergic condition and this required a syringe being in the school every day.
Ms Mulvey said she monitored the school at break times in October, November and December 1997. She hid behind a tree and saw her child being beaten up five or six times. She told a nun about these attacks.
Asked about an incident when she had reported that another child had pulled down Nicola's pants, Ms Mulvey said she had felt slightly threatened by the nun's response. She had been told the nun knew the family of the child involved very well.
Mr Fox suggested that when Ms Mulvey spoke to the children, she had gone in uninvited and unannounced. Ms Mulvey said she had asked could she speak to them. Asked if she had shocked and scared the nun, she said she had not. She agreed the school was aware of Nicola's needs and had been alert and attentive to her.
Mr Fox suggested that the description given of serial attacks was wrong and that the complaints were investigated with care and attention. Ms Mulvey said the complaints were investigated for a time but then that stopped.
The hearing continues on Tuesday.