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Chapter 7 — Artane

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Sexual abuse

467

When asked if he had any further contact with the Brother he said: I believe I had a letter from him about a year after or maybe even less, after I was in [Industrial School to which transferred], which asked me how I was getting on. The letter was actually read to me by one of the nuns, asking me how I was getting on, hope the nuns were looking after me and a p.s. again saying, ‘always keep our secret’.

468

The statement of the Congregation and a statement delivered by Br Etienne to the Investigation Committee denied that the complainant had been abused.

469

In a letter to Br Gibson dated October 2003, Br Etienne admitted to certain acts of sexual abuse of the complainant but denied that this happened in the classroom or in the attic. The admission by Br Etienne was sent to Br Gibson in the context of the complainant’s application to the Residential Institutions Redress Board. It was forwarded to the Commission by Br Gibson when he received it.

470

The letter stated: I can verify that he was sexually abused by me in Artane in the sixties. I also wish to state categorically that he is lying when he describes how he was abused. What he accuses me of never happened either in the classroom or in the attic nor anywhere else in the school. I never had a key to the attic and never attempted to bugger him.

471

The Brother gave no further information and, although he denied the details of the abuse as outlined by the complainant, he did not give details about the sexual abuse he was admitting to or how it had occurred.

472

Counsel for the Christian Brothers said that the Congregation did not consider it appropriate to test the credibility of a complainant in circumstances where the fact of abuse had been admitted. The Investigation Committee noted that the Christian Brothers made a statement some months before Br Etienne’s letter, saying: The Complainant makes allegations of abuse of a sexual nature on a number of occasions against [Br Etienne] ... For my own part I find the allegations difficult to accept. In particular where the Complainant alleges that on one occasion the abuse allegedly occurred in a classroom. The classrooms were very public places and I cannot accept that abuse of this nature was conducted in such a location.

473

This case again raises the issue of the value to the Inquiry of denials by the Congregation in circumstances where it did not make any proper enquiries of the alleged perpetrator. The Congregation’s position was unchanged until the hearing. In the subsequent submission prepared by the Congregation in response to the oral hearings, this case is included in the category of cases not specifically dealt with by the submission: The Congregation’s decision not to refer specifically to such allegations is not to be taken as an admission on its part that such allegations are true or accurate.

474

Counsel reiterated that a decision was made by the Congregation to send Brothers accused of criminal offences to their own solicitors to be separately represented, that the Congregation did not question these Brothers in relation to the allegations, and that they did not have access to Br Etienne’s statement as prepared through his own solicitors, when the Congregational statement was being prepared. It was a policy decision to have a dividing line in respect of those Brothers who were subject to the possibility of criminal prosecution.

475

Counsel for the complainant submitted that the approach taken by the Christian Brothers was unhelpful: it seems to have been a case where the approach adopted is: “Prove it. We are not going to go and ask the people who were there what it was like and try and put together our picture of it. We will deny everything; you prove it and we will cross-examine everybody on the minutiae of everything”.

476

In the circumstances that arose in this and the previous case, the Congregation found itself in an embarrassing position when its rejection of allegations was contradicted by admissions of abuse. This arose because of the view that allegations of abuse against individual Brothers impacted adversely on the Congregation’s charism and that it was therefore appropriate to adopt a position on specific factual issues independent of that of the Brother.

477

A policy of keeping the individual accused Brother at arm’s length, while at the same time filing a statement of denial in respect of allegations against him, was bound to lead to confusion, misunderstanding and embarrassment for the Congregation, particularly as amending statements were not furnished when new information came to light. Furthermore, the complainant was given the impression that the Congregation would challenge his evidence and he was caused unnecessary anxiety in this regard.

478

Two complainants gave evidence of sexual abuse by laymen who were not staff members of Artane. The incidents were not disputed by the Congregation and were used in their Phase III Submissions to illustrate the willingness of the Congregation to deal with issues of sexual abuse.

479

The first incident happened in the 1960s and involved a man who was himself a former resident of Artane. He approached the complainant returning from Croke Park and offered him a cigarette. They were sitting on the grass chatting when the man put his hand up the boy’s shorts. The man said to him: ‘do you want me to tell the Brother you were smoking or are you going to let me play with you?’ The witness said that he was more frightened of the Brothers than this man, so he let him touch him. In the end, he remembers jumping up and running the rest of the way back to the School, crying. When asked why he was crying by the Brother on yard duty, he said that his team had lost the match.

480

The next Sunday, a Brother told the boy that a visitor wanted to take him out for the day but, when the boy saw that it was the same man, he refused to go. The Brother called him into his office and asked him why he didn’t want to go. The complainant said he broke down and told the Brother everything. ‘Before I was finished the conversation, the police were outside and took the man away’.

481

In their responding statement, the Christian Brothers refer to this incident briefly: The Complainant refers to an incident of abuse by a former resident whilst he was returning from a trip to Croke Park ... I cannot comment on the allegation of sexual abuse committed by the outsider other than to say that boys were closely supervised at all times to try to ensure that something like this did not happen. It is noteworthy that the Complainant was in a position to complain about the alleged abuse by the former resident and that the authorities in Artane took appropriate action.


Footnotes
  1. Report on Artane Industrial School for the Commission to Inquire into Child Abuse by Ciaran Fahy, Consulting Engineer (see Appendix 1).
  2. Rules and Regulations of Industrial Schools 1885.
  3. Commission of Inquiry into the Reformatory and Industrial School System 1934-1936 chaired by Justice Cussen.
  4. Dr McQuaid and Fr Henry Moore.
  5. This is a pseudonym.
  6. This is a pseudonym. See also the Tralee chapter.
  7. This is a pseudonym.
  8. This is a pseudonym.
  9. Br Beaufort had previously also worked in Carriglea in the early 1930s.
  10. This is a pseudonym.
  11. This is a pseudonym.
  12. This is a pseudonym.
  13. This is a pseudonym.
  14. This is a pseudonym.
  15. This is a pseudonym. See also the Carriglea chapter.
  16. This is a pseudonym.
  17. This is a pseudonym.
  18. This is a pseudonym.
  19. This is a pseudonym.
  20. This is a pseudonym.
  21. This is a pseudonym.
  22. This is a pseudonym.
  23. From the infirmary register it appears that while the boy was not confined in hospital he was due for a check up the day his mother called to see the superior so he may well not have been in the Institution when his mother called.
  24. Dr Anna McCabe was the Department of Education Inspector for most of the relevant period.
  25. It was in fact the Minister for Education who used those words. See paragraph 7.117 .
  26. This is a pseudonym.
  27. This is a pseudonym.
  28. This is a pseudonym.
  29. This is a pseudonym.
  30. This is a pseudonym.
  31. This is a pseudonym.
  32. This is a pseudonym.
  33. This is a pseudonym.
  34. This is a pseudonym.
  35. This is a pseudonym.
  36. The same incident is referred to in the Department’s inspection into the matter as ‘a shaking’.
  37. This is a pseudonym.
  38. This is a pseudonym.
  39. This is a pseudonym.
  40. This is a pseudonym.
  41. This is a pseudonym.
  42. This is a pseudonym.
  43. This is a pseudonym.
  44. This is a pseudonym.
  45. This is a pseudonym.
  46. This is a pseudonym.
  47. This is a pseudonym.
  48. This is a pseudonym.
  49. Dr Anna McCabe (Medical Inspector), Mr Seamus Mac Uaid (Higher Executive Officer) and Mr MacDáibhid (Assistant Principal Officer and Inspector in Charge of Industrial Schools).
  50. This is a pseudonym.
  51. This is a pseudonym.
  52. This is a pseudonym.
  53. This is a pseudonym.
  54. This is a pseudonym.
  55. This is a pseudonym.
  56. This is a pseudonym.
  57. This is a pseudonym.
  58. This is a pseudonym.
  59. This is a pseudonym.
  60. This is a pseudonym.
  61. This is a pseudonym.
  62. This is a pseudonym.
  63. This is a pseudonym.
  64. This is a pseudonym.
  65. This is a pseudonym.
  66. This is a pseudonym.
  67. This is a pseudonym.
  68. This is a pseudonym.
  69. This is a pseudonym.
  70. This is a pseudonym.
  71. This is a pseudonym.
  72. This is a pseudonym.
  73. This is a pseudonym.
  74. This is a pseudonym.
  75. This is a pseudonym.
  76. This is a pseudonym.
  77. This is a pseudonym.
  78. This is a pseudonym.
  79. See General Chapter on the Christian Brothers at para ???.
  80. He went there after many years in Artane.
  81. Dr Charles Lysaght was commissioned by the Department of Education to conduct general and medical inspections of the industrial and reformatory schools in 1966 in the absence of a replacement for Dr McCabe since her retirement the previous year. He inspected Artane on 8th September 1966.
  82. See Department of Education and Science Chapter, One-off Inspections.
  83. The fact that they were tired is noted in many Visitation Reports.
  84. Council for Education, Recruitment and Training.
  85. This is a pseudonym.
  86. This is a pseudonym.
  87. This is a pseudonym.