Testimony regarding a report written in 1993 about the case of a Co Sligo family who were sexually and physically abused by their father may be given to the High Court today.
The court was told yesterday the report was based on a North Western Health Board file relating to the McColgan family which included entries dated in July 1979 one of which stated that Mrs McColgan had complained her husband was beating their children while another referred to the possibility of getting a barring order against him.
The action taken by Ms Sophia McColgan against the North Western Health Board and Dr Desmond Moran of Stephen Street, Sligo, was adjourned early yesterday afternoon to permit a witness to better correlate a report on the McColgan family, which she had written in 1993, with the original source material on which it was based.
The court was told that Ms Edna Keon, a social worker with the board since 1981, wrote a chronological narrative based on the original McColgan family files in the board's possession.
Ms Keon said she had difficulty in tracing references in her report back to their original sources. This was because the original file, which she had in court, contained both case notes and correspondence which were not in chronological order.
Mr Justice Johnson said he would adjourn the hearing early in order to permit the witness to "flag" the original source file with the report she wrote so as to be able resume her evidence today.
Ms McColgan (27), formerly of Ballinacarrow, Ballymote, Co Sligo, is suing the board and Dr Moran. She, her two brothers and sister were severely physically and sexually abused by their father, Joseph, who is currently serving a 12-year prison sentence after pleading guilty to 12 charges related to the abuse.
On the 12th day of the action yesterday, Ms Keon said she was asked by Ms Val O'Kelly, a senior social worker with the board, to draw up a summary relating to the McColgan case in 1993. She completed the report after five weeks and signed it.
Mr John Rogers SC, for the board, and Mr Patrick Hanratty SC, for Dr Moran, objected to Ms Keon's evidence.
Mr Rogers said he was objecting to the production of the document as evidence because it was marked confidential and without prejudice. He said Ms Keon's report could not prove the facts stated in the document and as such her report amounted to no more than hearsay.
Ms Keon said the file on which she based her report was in court and was entitled "Social Work Records on the McColgan Family, 1979-'85".
There was an entry on the file, dated July 25th, 1979, in which it was stated that Mrs McColgan complained her husband was beating their children. She had stated her husband had broken the nose of their daughter, Sophia. He was easily aroused to anger and was particularly violent to Gerard.
There was another file entry for the same day indicating that Sophia McColgan had had a damaged nose and bruising, mainly around the eye, and was extremely frightened.
The following day, there was a reference to the possibility of securing a barring order against McColgan.
Mr Rogers said Ms Keon's evidence as to the facts was inadmissible. Mr Hanratty said he was at an even greater disadvantage than Mr Rogers.
Mr Justice Johnson said he would admit the report. Mr Garret Cooney SC, for Ms McColgan, said in this case one of the defendants was the North Western Health Board. He said some of the board's employees were the authors or perpetrators of the negligence being alleged.
Counsel said the original file simply contained a resume of what the defendants had done in relation to the McColgan family. Mr Cooney said that while what was written did not say "we were wrong", it did present a number of facts on which the plaintiff would invite the court to conclude certain findings.
The hearing resumes today.