A former leading swimmer who claimed he was abused by coach George Gibney was yesterday awarded damages of £90,500 against the BBC after the station identified him in a radio programme about abuse by sporting coaches.
The swimmer had given an interview to the BBC about his alleged abuse and said he was assured nothing would be done in the broadcast which would identify him. However, when the programme was broadcast on October 1st, 1995, he was named. He took High Court proceedings against the BBC. Liability was admitted and the court was asked to assess damages.
In his judgment yesterday, Mr Justice Barr was critical of a consultant psychologist, Mr Peter Colquhoun, who had interviewed the swimmer twice on behalf of the BBC and who gave evidence during the hearing.
The swimmer had said in evidence that at both sessions, Mr Colquhoun had delved into the minutiae of the gross sexual abuse to which he had been allegedly subjected by Gibney. He found this so obtrusive and oppressive that on each occasion it caused him to weep.
The psychologist responded by saying to him that it was necessary to investigate such details and then warned the plaintiff that at the trial he would be subjected to similar cross-examination by counsel for the BBC. This warning caused the plaintiff additional anguish which he had to contend with for the following 15 months until the trial.
Mr Justice Barr said serious harm had been done by the broadcast to the plaintiff's psychological and emotional state. That included the destruction of the substantial rehabilitation which had taken place before the broadcast; damage to close family relationships, some of which were likely to have permanent consequences; depression; loss of confidence; inability to react comfortably with friends and the wider public; and loss of fulfilment from competitive swimming.
He said the future for the swimmer was reasonably encouraging and frequent therapy would help. It seemed he had good prospects of reaching peace of mind in about three years. However, at best he would have lost about six years of satisfaction of life of the quality he was enjoying at the time of the broadcast.
He assessed general damages at £75,000, plus £500 agreed special damages. He awarded £15,000 aggravated damages for Mr Colquhoun's professional misconduct.
Mr James Gilhooly SC, for the swimmer, secured costs.