230 entries for Commission Conclusions

In the written statement prepared by Br John O’Shea for the Emergence Hearings and received by the Commission on 23rd June 2004, he wrote: Prior to 1995, there were a few isolated allegations of abuse which were dealt with as deemed appropriate at the time. However, it was not until late 1995 that there was an awareness of more widespread abuse or the damage it had caused.

He admitted, however, that their record keeping was poor. He explained: Yes, I suppose one of the things is many of our files have a limited amount of information in them. We would have some sense, again, that where allegations would be reported, I would feel that maybe they necessarily wouldn’t be committed to writing. Yes, I think maybe our broader culture or even the wider culture wouldn’t have been as it is now where every allegation would be documented, there would be less kept on files.

When asked what procedures were in place for managing reported sexual abuse before 1995, he replied: I divide them between lay people and Brothers. Each of the centres that I have mentioned, Cork, Galway, Waterford and so on, would have their own administrative structure and there would have been a Director of Services and in those days it would have been a Brother, who would be broadly responsible for the administration of the centre. The Brothers would be responsible to the Provincial at the time and I think particularly if incidents related to Brothers, that it would entail the involvement of the Provincial. Where they involved lay people, I think the structure, as I say, my sense is that legal advice would have been involved and that we would have acted on that. I suppose in regard to Brothers, depending on the time it was, if it was the early 1990s because we would be more aware of the kind of Department guidelines and so on and there was a broad awareness, that people would be withdrawn from contact with service users. I feel that possibly in all cases Gardaí may not have been notified, because I think our awareness of that would maybe be stronger at a later time, but essentially that people would have been withdrawn. Again, I think the awareness of the level of allegation, if you like, in the sense that now if we speak of an allegation, we have a whole lot of accumulated knowledge as to what an allegation can entail or what it is likely to entail, and I feel back then that there wasn’t the same thing when you speak of an allegation. I would feel people didn’t have a clear-cut idea of just what the allegation entailed maybe or put it down, if you like, people who were behaving inappropriately at various levels, that it might be seen somewhat differently to how we would now view it and with the knowledge that we have of the impact that allegations or abuse did have on people.

He was asked where the records from that period were kept, and he replied: I suppose where they happened in locations and involved lay people, there would be records. The records would be kept at the location where the Centre was administered.

Complaints about abuse by lay people were recorded and kept. The situation was different for Brothers who had been reported for sexual abuse. He told the Committee: In regard to Brothers, certainly later allegations would be documented. I suppose I have a sense again that it is only now that it is coming to light that certain allegations were made that there wasn’t an awareness of until quite recently. I suppose our files in regard to Brothers tended not to have a lot of documentation on them, and I would have some sense again that, I suppose, the earlier allegations would have happened, the less likelihood there is that there would be something on file. I would also be aware of a particular situation that now with the knowledge I have, I can fairly definitely say it was an allegation of sexual abuse, but the document on the file doesn’t specify that it was abuse.

Complaints against Brothers were either not written down at all or were in codified language designed to obscure the nature of the offence. They were dealt with, said Br O’Shea, ‘in sort of a hushed way’. Despite this fact, enough records have survived to allow an examination of Br O’Shea’s claim that prior to 1995 there were ‘a few isolated allegations of abuse’, and no ‘awareness of more widespread abuse’. The convicted sexual abusers: Br Guthrie

Br Guthrie gave evidence to the Investigation Committee on 21st March 2002 and again on 14th March 2002.

Born in the South East of Ireland in the early 1900s, he was the eldest of three children. He was recruited into the Brothers at the age of 13, and is still a member of the Congregation. He was educated in Belgium and England, and qualified as a primary teacher in the 1930s.

He told the Investigation Committee he taught in a school in the UK until 1951 or 1952, when he was brought back to Ireland to work in Lota, where he stayed for 32 years until 1984.

In the early 1950s, the Congregation were setting up a Special School in Lota and there was a need for trained teachers to enable the Department of Education to recognise the School officially. The Department gave recognition to the School in 1955, and Br Guthrie was made Principal of the School from the start until 1974, when a lay principal was employed and he took over as school manager and then Chairman of the Board of Management. He held this latter post until 1984, when he was removed from the School because of complaints made against him.

He was prosecuted for sexual offences in December 1995. He spent seven months in 1996 in Our Lady of Victory, a treatment centre in Stroud in the UK run by the Order of the Holy Paraclete for religious with psychological and behavioural problems. He returned in December 1996 to answer the charges in court. He pleaded guilty to sample charges in December 1996, and was sentenced on 14th February 1997 to four years’ imprisonment, reduced to one year. He now resides under supervision.

He accepted the description of himself as a paedophile, someone whose sexual preference was for children, in his case teenage boys. He said he had no sexual attraction to them until they were aged 11 upwards to about 14, and he was most attracted to 11- to 14-year-old boys with bright eyes and good speech. He admitted to mutual masturbation but denied ever going any further with the children. His sexual activities started in 1937, when he was around 22 years old, and continued until 1983 when he was 69 years old with, according to himself, ‘prolonged intervals’ of abstinence.

His modus operandi varied, but it usually involved isolating a child in a secluded part of the building. Aware of the ever-present danger of discovery, he found various hiding places where the abuse could take place. These nooks always had a well-planned escape route. He also admitted visiting the children’s beds at night in the dormitory where he was the supervisor.

He did not think the other Brothers or members of staff were aware of what he was doing. On one or two occasions, he did hear talk among the boys. He recalled his reaction to one particular occasion when he heard there was talk: I brought them into a classroom and I sat them down and I said to them, people are saying this about me. Any of you that like to come with me now, we will go to the Brother Superior and talk to him about it, and, of course, that shut them up for good. Nobody took me up on it.

He said that, if any boy resisted his advances, he would leave him alone, and denied ever threatening, coaxing or forcing anyone.