Courts

Disclosure orders granted against head of Christian Brothers in abuse actions

Two victims of jailed former brother Jack Manning seeking information to progress civil actions

Thomas O’ Callaghan, Kieran Best, Daniel Lynch and Anthony Doherty leaving the Criminal Courts of Justice after the sentence hearing of their abuser, Jack Manning in July 2021. Photograph: Collins Courts

Aodhan O'Faolain
Wed Aug 16 2023 - 15:52

The High Court has made orders directing the head of the Christian Brothers to provide two men with details they require to progress civil actions against the order over sexual abuse they suffered more than 40 years ago.

Anthony Doherty and Donal Lynch claim that on dates between 1972 and 1980 they were sexually abused by former brother Jack Manning, who was a teacher at the primary school they attended.

Manning (87), who left the order in 1977, and had an address in Donnybrook, Dublin, was jailed for three years by the Circuit Criminal Court in July 2021 after admitting nine counts of indecently assaulting four of his pupils. The abuse occurred when the pupils were all under the age of 10 and attending Westland Row CBS in Dublin 2.

The four pupils, now aged in their 50s, include Mr Doherty, with an address in Ranelagh, Dublin, and Mr Lynch, from Donnybrook, Dublin. The men waived their anonymity to allow Manning to be publicly identified.

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Mr Lynch and Mr Doherty, who are represented by Donal Spring and Company Solicitors, have brought civil proceedings against Manning, the Minister for Education and Skills, and the Congregation of Christian Brothers and the Board of Management of Westland Row CBS seeking damages for the abuse they suffered.

The head of the Christian Brothers congregation, Brother David Gibson, has been added to the proceedings.

Similar, but separate, proceedings have been brought before the High Court by Manning’s two other victims - Kieran Best from Tallaght, Dublin, and Thomas O’Callaghan of Ratoath, Co Meath.

Pre-trial motions in Mr Lynch and Mr Doherty’s cases were mentioned before a vacation sitting of the High Court earlier this week.

Ms Justice Eileen Roberts was told that arising out of a recent position adopted by the congregation, the Christian Brothers were no longer putting forward a nominee in civil claims where the order is being sued by persons who allege they were abused by brothers.

The Supreme Court ruled in 2017 that unincorporated associations such as religious orders cannot be sued directly and that cases must be brought against the members of the order at the time of the alleged wrongdoing. A congregation can select someone to act as its nominee, but the Christian Brothers has opted not to do this, the court heard.

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In order to progress their claims against the Christian Brothers the plaintiffs are required to sue all those members of congregation at the time of the alleged abuse who are still alive. To do that, the plaintiffs require the names and addresses of those individuals.

Due to GDPR, (General Data Protection Regulation), the EU’s privacy and data protection requirements, the brothers say that information cannot be handed over in the absence of a court order.

As a result, the plaintiffs sought court orders against Br Gibson seeking the names and addresses of the relevant living persons. Similar orders have been granted in other cases against the congregation. The court heard that Br Gibson neither opposed nor consented to the orders being made.

After considering the application’s Ms Justice Roberts said she was satisfied to grant the orders sought by Mr Lynch and Mr Doherty.

Br Gibson’s lawyers argued that no order for costs be made in the matter, meaning the sides would pay their own legal costs. However, the judge agreed with the plaintiff’s lawyers that costs should be reserved, and that the issue should be determined by the courts at a later stage in the proceedings.

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