The High Court has reserved judgment on a bid by the State to stop a legal action for damages by a man who was seriously sexually abused at a residential school in Co Cork operated by the Brothers of Charity and who also claims he was deprived of even a basic education there.
John Barrett (52) claims the health authorities and the State failed to properly inspect or inquire into what was going on at Our Lady of Good Counsel school at Lota, Glanmire, and that his experiences there blighted his life, leading to problems with drink, depression and sexual relationships.
He says he was admitted to Lota aged nine after he was mitching from school where he was beaten for not writing with his right hand and that he was subjected to serious and frequent sexual abuse until he left Lota aged 16.
A Brother Ambrose, also known as James Kelly, has been sentenced to 36 years on charges relating to that abuse and to abuse of other boys at Lota. Mr Barrett claims other brothers also abused him. Further claims that Mr Barrett was used as a "guinea pig" for various drugs and medications and that Lota was used for research by a drug company were withdrawn.
Mr Barrett, The Ballagh, Enniscorthy, Co Wexford, has brought proceedings alleging negligence and breach of constitutional rights against the Southern Health Board, the Ministers for Health and Education, and the State. The claims are denied.
Mr Barrett settled an earlier case for damages for £28,000 (€35,560) against the Brothers of Charity in 1999. That settlement was without admission of liability. In preliminary proceedings heard by Mr Justice Éamon de Valera, the SHB and State defendants have sought an order to dismiss on grounds of the earlier settlement and because the proceedings have been brought outside the legal time limits.
After submissions concluded yesterday, the judge reserved his decision.
In an affidavit, Mr Barrett said he understood Lota was designed for children with special needs. He did not require specialist care and had sought many times to leave but could not. He received regular severe sexual and physical abuse, including canings, punches, kicks and having his head banged against the head of another pupil.
He also claims he received sub-standard and inadequate education which left him poorly equipped for life. After he left Lota, he worked as a farm labourer. He became addicted to alcohol and suffered from depression. He married in November 1979 and experienced sexual problems throughout.
He attended the Wexford Rape Crisis Centre for counselling in 1988 after which, it is claimed, he was able to voice the fear, stress and anger which he had bottled up.
