FIVE DUBLIN primary school children, whose images were unlawfully used in the award-winning documentary film, Deliver Us From Evil, about American paedophile priest Oliver O'Grady, have been awarded more than €60,000 damages.
William Hamilton SC, for the five pupils of Presentation Primary School, Warrenmount,told the Circuit Civil Court their solicitors had succeeded in having pictures of the children removed from releases of the film in Ireland and the United States and worldwide DVD releases.
"Unfortunately footage of the children, some as young as five, was used in a trailer of the film which was available for some time on the internet in which the children were identifiable," Mr Hamilton said.
Circuit Court president Mr Justice Matthew Deery approved settlement awards of €20,000 for Aaron Byrne, €12,500 for Luke Gorman, €10,000 for Chloe Burke, €10,000 for Jade O'Reilly and €10,000 for Jasmine Curry.
Their parents had sued director Amy Berg and Disarming Films, both of Endeavour Agency, Wilshire Boulevard, Beverly Hills, California; Lionsgate Entertainment, Colorado Avenue, Santa Monica, California and Warrenmount primary school for breach of privacy.
Judge Deery approved of the settlement awards against all four defendants but it was learned afterwards that the school had been granted a full indemnity by the US defendants.
Mr Hamilton told the court that in September 2004, Disarming Films contacted the Presentation school with a view to taking footage of a number of pupils at play in the school for use in a documentary film on multiculturalism in Ireland. Permission had been granted by the school on the basis the footage would be used for that purpose only and the parents had not been requested to provide their consent or authority. In 2006 the school had been contacted by Disarming Films seeking to use the footage in a film about the activities of Fr O'Grady, a paedophile priest. Permission had been properly refused by the school.
Mr Hamilton said the unfortunate use of the images in Deliver Us From Evilhad been brought to the attention of the parents through Joe Duffy's Livelineradio programme on RTÉ. Livelinehad revealed the images had been used in the film and that a trailer of it, identifying certain children, was available for viewing on the internet.
He said solicitors for the children had negotiated settlements which ranged from €20,000 to €10,000 depending on how much each child had been featured in the film and as to the level of identification of the child.
He said Aaron Byrne had been clearly identifiable on three occasions in the trailer, while Luke Gorman, standing in a line of children, had been clearly identifiable by his name badge. Chloe Burke could be identified sitting on a bench in the school bike shed. Jade O'Reilly and Jasmine Curry had been less identifiable but were clearly identifiable to their parents.
Judge Deery, noting the parents were happy with the offers, approved the settlements and described them as "appropriate" in the highly unusual circumstances of the case.