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Also, it would seem that the Resident Manager did not interview the Brother involved. Everything depended on the judgement of the Resident Manager. He wrote in his Statement: It was a likely scenario that a Brother could have kept a boy back after class ... That would be an opportunity. Again, there had to be a certain amount of trust because otherwise if you couldn’t do these ordinary things ... then it was really uncommon these accusations. The Provincial ultimately was responsible because he was the Manager and I was, as it were, his Deputy although I was called the Resident Manager. It would have been very necessary then to let him know, seek advice from him and then proceed from that. I don’t think there was a record kept of it because of the way it ended up. Had it gone further, hindsight is dangerous, you might do a thing differently today, but then there just didn’t seem to be the need for it ... you just didn’t have time to do all the things you would have liked to do.

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He nonetheless said he set up a system for dealing with complaints about staff members. He wrote: When the boys made any accusation about any of the Brothers or any of the staff, they = the staff member had to be present ... I made this clear to the staff that if a boy was going to make a complaint against any of them that the person in question should be there and should hear the person saying it. One good thing about that, too, was that a person would have to be more careful about making accusations.

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In his Statement, Fr Luca wrote: A strange thing was that never once in all the time did any boy come along and say to me that he had been abused either sexually or physically, never once. I don’t know why because I felt that I was open enough to receive any boy that would come along ...

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Clearly, Fr Luca did not appreciate, even at this remove, that the system he set up made it virtually impossible for any boy to come to him with complaints of sexual abuse. The system he described was actually more likely to ensure that sexual abuse was not uncovered.

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There was no written record of the allegation that came from the chaplain and the boy. The absence of documentary evidence of abuse was a result of the system. The exact nature of the allegations and the names of the people involved were only recorded in the memory of the Resident Manager, not the Institution or the Congregation. The way this incident was dealt with shows how failure to record complaints led to evidence about possible repetition of allegations being lost.

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Fr Luca referred to this incident in his Statement to the Committee although, again, he did not identify Br Abran as the Brother in question: It was a different Brother to the accusation about the 14 year old. There had never been any accusations against the second Brother [Ramon] before that, at least I had never heard anything against him.

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As the Oblates pointed out in their Submission, ‘The incidents ... require a careful investigation, the materials for which are not available in the records held by the Oblates’. This particular case illustrates one of the reasons why the records on allegations of sexual abuse do not exist: the system inhibited disclosure and the type of thorough investigation that would lead to meaningful and useful records. Fr Luca’s procedure would have tended to suppress rather than encourage allegations of sexual abuse in Daingean. He appeared unable to appreciate the difficulty his procedure would have caused the boys in Daingean, even during the evidence to the Committee.

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Most of the staff members accused of sexual abuse were not available to give evidence, and the Committee was presented with allegations of sexual abuse made by credible witnesses, but without the possibility of hearing the contrary side and generally in the absence of documentary evidence and independent corroboration.

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One witness described his seduction by a lay teacher: He would take me out fishing. The outer walls of Daingean ran alongside the grand canal ... Things happened there ... he used to use a newspaper and he would start off by reading the newspaper and I would have the fishing rod and then he would put the newspaper down on his lap, it was a slow process that went on for 10 or 15 minutes, then it would be spread out on his lap and then half of it would go on to my lap. He would say to me, “Oh, look at this.” He would point to something in the newspaper. Then he would point at something which was just directly above my crotch ... Then he would put his hand under the newspaper and attempt to masturbate me ... I remember on a few occasions he tried to suck my penis. On another occasion he tried to – we were in some grass and I can remember that he had a handkerchief in his hand and he got on top of me from behind – I was laying flat, he got on top of me from behind and he tried to bugger me ... I just clenched and kept my legs closed. He ejaculated sort of somewhere in that region and I remember him using a handkerchief to wipe up ... I can only remember one occasion that happened but several instances of him trying to suck my penis.

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He said this teacher ‘... wasn’t an aggressive person at all. He was a very effeminate type of person. He was a really nice man’. He explained that, despite disliking the sexual activity, he continued to go out with the teacher because he was given treats such as sweets.

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Another witness described being sexually assaulted on two occasions by a member of staff while he was in Daingean. He alleged that he complained to a Brother and the matron about the abuse, and they just fobbed him off. He also alleged that he was physically abused by the Brother to whom he reported the assault. He stated that his mother became aware of this physical abuse, and she complained to the school authorities. The correspondence between his mother and the school authorities was available to the Committee, and it supported the witness’s contention that his mother did in fact complain that she had been told by a couple of boys who had recently absconded from Daingean that her son had received 16 lashes. This complaint was dealt with by Fr Luca personally, who assured her that her son was in perfect health.

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His letter concentrated on calming the parent rather than investigating the allegations: As regards the other matters you mention; namely that [your son] has been ill treated here. That is not true and I know before Easter [he] had asked a member of the staff to call and see you about this and to assure you that what you had been told was not true. Naturally you could expect an exaggerated story from your source of information. In fact, such a boy would not ask better than to upset you and cause as much trouble as possible. If you come down next visiting Sunday you may talk it over with Br. [Mateo]30 and I hope the matron will also be available that day too. In fact it was the matron whom [your son] asked to contact you.

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Another witness alleged that he was forced to perform oral sex with one of the Brothers on a number of occasions: About three different times ... You just accepted it. There was no one you could report it to. There was no one whatsoever. There was no telephones. I think it was every fortnight you were allowed to write to your mother. There was no one. You don’t see anyone from outside. I never seen anyone from outside for two years.

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One complainant described being beaten by two Brothers on the bare backside, which led to a sexual assault: I remember Br. [Mateo] came in, before I knew it he had my hands pins behind my back, he had me over a school desk the trousers were practically ripped off me and I got probably half a dozen smacks. One of them, I think the two of them were feeling my private parts, my arse and penis. This went on for probably eight or ten minutes.

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The boy went back to his friends, but was too ashamed to tell them about the sexual abuse: I didn’t tell them actually what happened but I said I got a smack on the arse. I didn’t tell them that I was after being felt up. I was ashamed actually. That’s nothing new, getting the cane, ... That was that. I think I was more embarrassed than anything else.

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