Chapter 9 — Tralee

Physical abuse

In his letter to the Resident Manager, this TD outlined how the father of a boy in Tralee had made ‘rather startling allegations against your community which I am inclined to take with the greatest reserve and, indeed, disbelief’.

He went on to say that the father claimed that a strap had been put around his son’s neck and was ‘pulled tightly so that his neck “was in an awful condition”’. The father claimed two other boys saw the condition of his son’s neck and that one Brother put the boy’s head between his (the Brother’s) legs whilst another Brother held his hands behind his back and he was punished whilst in this position. The father also said the boy had a black eye when he came home from the School. A copy of this letter was also sent to the Secretary of the Department.

Br Millard had been appointed as Resident Manager as successor to Br Sinclair. He only lasted a number of weeks in that position, and was recorded as having resigned ‘due to ill-health’, days before the incident with the boy.

The appointment of his successor, Br Roy, as Superior dated from four days before William absconded. Br Millard had been Superior for a total of 18 days. Although the letter was addressed to the Resident Manager, who by then was Br Roy, it was Br Millard, the perpetrator of the alleged abuse, who dealt with the matter. He wrote: Dear [TD], Unfortunately Br Sinclair, to whom you addressed your letters has been absent from St Joseph’s since the beginning of the month. As Brother-in-Charge when the incidents mentioned by you were supposed to have taken place, I take the liberty of replying in his stead. It alleged by [William’s father], that his son received excessive punishment, in fact what could be termed brutal punishment, from certain members of the Staff, when he was returned to the School after absconding on the morning of the 10th of this month. I categorically denigh this charge because it was I personally, who took him into custody from the Gardaí at mid-night on the same day on which he absconded. It was I also who administered the punishment which was meted out to him on that occasion, in the presence of another Brother who happened to be with me at the time. It is true, I used a leather strap as the instrument of correction. I used it on his bottom because I maintain that that is where nature intended it should be used in such circumstances. There is no ... question of the strap having been put round his neck or anywhere near his neck for that matter. I might add here, that since the arrival of your letters, I have examined the boy’s neck and can find not the slightest sign of any mark or bruise which would indicate that he suffered the treatment that he complained about. Neither have I any knowledge of the black eye he is supposed to have received. One would imagine, that following such alleged treatment, the boy would be slow to take to the roads again. Still, on the 18th inst., he and a companion again made off and this time persuaded another lad to join them. Believe me, Sir, that is not the normal behaviour of a boy who had been excessively punished for previous misdemeanours ... ... Since his coming here he has absconded on five separate occasions ... Since this last episode, they took to the roads once more. It was on this occasion that they succeeded in reaching Cork and painting the picture of excessive punishment and of brutal treatment in which we are ... supposed to have indulged. Just half an hour before the arrival of your letter on yesterday morning, I received a ’phone call from Inspector ... of [town] seeking advice as to the advisability of having young William committed to Daingean on account of his persistent thieving and general misconduct. I advised against it because of his age and asked the Inspector to do everything in his power to keep the case out of the Court for the lad’s sake. In view of the cruel allegations brought against us by his father, I am beginning to wonder if I acted wisely in asking the Inspector to be lenient with the offender. Maybe I should have allowed the law to take its course. I fully appreciate your position in this matter and hope the above account will help to clarify a nasty situation.

The letter turned around the allegation that the Brother had excessively punished the boy, by arguing that he had in fact been too ‘lenient with the offender’. It also justified Br Millard replying to the criticism by saying that he was ‘the Brother-in-Charge’ at the time of the incident. The Congregation records showed that this was not the case.

The TD sent the same letter of complaint to the Department of Education, and it was replied to with an undertaking to look into the matter.

Seven weeks later, the Department wrote to the TD as follows: Dear Deputy ... I refer again to your representations regarding William ... who is detained in St. Joseph’s School, Tralee. The Matter has in the meantime been investigated by an inspector of my Department, who interviewed Br [Millard] who inflicted the punishment and Br ... who witnessed it and also young William himself. The inspector’s investigation has established that the facts of the case are substantially as stated in Br Millard’s reply ... to you and that account was confirmed by young William and his companion in absconding, who bear no resentment to the Brothers for their treatment.

No documents, such as interview notes relating to the investigation conducted by the Department Inspector, were discovered to the Committee. Notwithstanding the fact that the punishment meted out was clearly in contravention of the Department’s own rules (in that it was not punishment on the hand but on the buttocks), there was no evidence of any action being taken against the school for breaking these rules and regulations.

Although the Department of Education addressed this incident in its Phase III Submission, it did not clarify the nature of the investigation that resulted in the exoneration of the Brother.

It was accepted by Br Seamus Nolan during the Phase III hearing that the punishment meted out to this boy was an impermissible punishment. He did, however, point out that it was partly within the rule, insofar as the punishment was administered in the presence of a witness.

The question was also raised at the hearing as to why the person entrusted with the investigation of the matter was the person against whom the accusation had been made. Br Seamus Nolan said that the matter may have been dealt with by him so as not to leave a ‘nasty job’ for his ‘successor’. In fact, the ‘successor’ had been in office at the time of the incident. Br Nolan further said that this individual had been appointed Resident Manager and after a short while resigned, and it ‘could well be on account of this, that he resigned from that appointment, though he remained on in the staff as assistant manager’.12 Again, this explanation does not accord with the dates in the documentation.

There has been no documentation furnished to the Committee by the Christian Brothers that would shed light on whether there was any investigation within the Christian Brothers into the matter. Br Nolan acknowledged that it was a pity that the allegation did not go directly to the Provincial, to be dealt with as a ‘completely outside matter’. He said that it was clear that the School at the time felt that it was satisfactory to deal with the matter in this way.

The boy at the centre of this allegation was transferred to another industrial school early the following year.

The correspondence was dealt with by Br Millard, who was the Sub-Superior and the person who had inflicted the punishment. The Department should have questioned the propriety of such a response because of conflict of interest. The Department did not question the unapologetic response of the Brother about his flagrant breach of their regulations. He showed no concern about confessing to such a breach. Where rules for the protection of children in care could be flouted, it is not surprising that abuses occurred. This incident illustrated the difficulty in making complaints about corporal punishment. When regulations were ignored, there was no objective standard by which harshness could be judged and so no behaviour could be criticised or condemned. Documented cases of physical abuse: Br Raynard

In the late 1940s, the Department’s Inspector made the following comment: Generally well run school ... I also stressed the necessity for just corporal punishment and told him of the complaint in the Remand House and the boy who had been whacked with a shovel in the turnip field.