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Another Brother, Br Chapin, said that he never heard any discussion among the Brothers about Br Garon in the showers with the boys, or anything of that nature.

Br Garon was not mentioned in either the Opening Statement furnished by the Christian Brothers or in the Phase I or Phase III evidence.

In their Final Submission to the Investigation Committee, the Christian Brothers accepted that the evidence relating to Br Garon suggested that he ‘did behave in an inappropriate manner in the boys’ showers’. They stated that the extent to which he engaged in inappropriate conduct was obviously a matter for the Committee and said that it was worth noting that there was a ‘broad spectrum of evidence on this issue’. They believed that some allegations against Br Garon were ‘exaggerated’ but accepted that, even if his ‘activities went no further than requiring the boys to wash him ... this was totally inappropriate’. They also accepted that ‘from today’s perspective, it would seem to be unwise to allow one adult to supervise showers on a continual and consistent basis without any monitoring of that adult. This appears to have been what happened’.

The Submission conceded that the decision to place Br Garon in charge of the showers ‘was an error which was compounded by a lack of appreciation of the risks that might arise in such a situation’.

The Submission also stated that Br Garon’s activities in the showers took place when there was group showering and that ‘he did not have the authority, nor was it the practice, that he would take individual boys for showers’. This is not, however, borne out by the evidence of Br Lisle who made the statement in January 2006. The Congregation repeated its puzzlement at the evidence of Br Lisle that he had informed three Resident Managers of his ‘suspicions/complaints’. The Submissions also stated that the Congregation believed that the Resident Managers in question would not have ignored ‘complaints of this nature’.

Br Garon’s behaviour went on for many years, and was known to three Superiors, but they did nothing about it. The Brother who reported the complaints of boys and who confirmed that Br Garon was taking them into the showers was a very junior member of the Congregation in Tralee, and he felt that his conscience was clear when he complained and left it to the Superior to deal with the problem. Br Lisle, who made these repeated complaints to the Superiors did not pursue the matter further, for example by mentioning it to the Visitors. Neither did he make a written complaint to the Provincial. This reflects on the sense of discipline that was inculcated and which would have operated particularly on a junior Brother in the Institution. It is likely that over such a long period other Brothers in Tralee knew about Br Garon’s behaviour. Nothing is recorded about these complaints in the discovered material. Superiors chose to keep matters to themselves and did not report on to the Provincial or the Visitor. If they did, the Visitors did not to make a note of it or do anything about it. This is an example of the under-recording and under-reporting of sexual abuse. The Brothers would have dealt severely with boys behaving in the showers in the way that Br Garon did. The moral issues or the corrupting effect of the Brother’s behaviour was not dealt with. The fact that Br Garon behaved openly in this way is evidence of his confidence that he would not be challenged. Br Lisle recalled how Br Garon would select a particular boy to bring to the shower. The audacity of Br Garon is striking and is another reason why this case is a very serious one for the Congregation.

Br Marceau was moved to Tralee for the second time after cracking a boy’s jaw in Glin. One witness told the Committee that, during class, Br Marceau would stand him between his knees and put his arms around him and hug him into him. Sometimes he put his face on his shoulder, up against his face. Eventually, he would start putting his hand down the back of his trousers and fondling his bottom. This went on for ‘a period of time’. Br Marceau would call him up to the front of the classroom where this would happen. The other boys could not see what was happening and this happened to him a dozen times, maybe more.

This same complainant also said that, on one occasion, Br Marceau told him to stay behind after class and called him to his desk, after the others had left. He put him between his knees and put his arms around him. He told him to read his book and then he put one of his hands down the back of the complainant’s trousers and the other hand down the front. When he then started to open the buttons on the front, the complainant began to struggle. Br Marceau pulled him tighter but he got loose and ran to the door. Br Marceau caught him as he got to the door and pulled him away from the door. The complainant banged into a desk, hurting himself. He was crying at this stage and shouted at Br Marceau to leave him alone. Br Marceau started to hit the complainant over the head and told him to shut up. The classroom door opened, and Br Millard came in and told Br Marceau to leave the boy alone. He did not ask the complainant about it. After that, he was never called up to the front of the class again. The beatings did, however, continue in the classroom.

The witness was asked whether there were any Brothers to whom he felt he could speak about difficulties such as the way he was being treated by Br Marceau in class. He said no there were not, ‘you never went to a Christian Brother and told him your problem’. More specifically, he could not complain about what Br Marceau was doing because he did not know if the other Brother would believe him. If he did not, he might get ‘a hiding’, and then Br Marceau would be told and he would get a ‘worse hiding’ from him for telling lies.

He had no recollection or sense of this Brother being supervised or watched after the Brother intervened in the classroom on the occasion mentioned above.

One complainant, who was in Tralee in the 1940s, told the Investigation Committee that he knew there was ‘a lot of shenanigans’ going on between the boys in toilets and out in fields. They would be ‘playing with each other’ but he kept clear of that. The Resident Manager would call the boys in and question them on whether they were involved in sexual activities amongst themselves. He also said, however, that there was no talk between the boys and the Brothers about this ‘sex thing’, but the stigma was there and the boys would use it against each other in an argument, saying ‘at least I wasn’t called in for Question Time’.25 No boy wanted to let anybody know that they had been called in for ‘Question Time’.

Another complainant referred to abusive sexual activity among the boys. A witness from the late 1960s told the Committee that older boys would congregate around the toilet in the yard, and that the younger boys would be afraid of going in there for fear of being beaten or molested by them. The younger boys used go in to the toilet in threes and fours in order to be protected from the older boys: We didn’t know what was going to happen in there, whether we were getting a hiding from the older boys or what else they would do to you. It was just that thing in there and, if you did get a hiding you didn’t go speak about it you kept it to yourself ... There was a fear of being sexually abused as well, yes ... It was supposed to happen to the younger lads but I can’t say definitely whether it did or not.

This witness said at night the older boys would try to get into the smaller boys’ beds. They terrorised them. He said this happened to him on a number of occasions with different boys and he would just shout out. He explained: So every time you’d start roaring they would get up, they would give you a slap in the head and they would threaten that if you opened your mouth they would get you the next day.

He also confirmed, however, that the boys kept the peer abuse to themselves. The Brothers would not have known what was going on in the toilets unless they saw it themselves. To his knowledge, this never happened. He acknowledged that it was a continuous problem for the younger boys but it was not spoken about. You kept to yourself because you did not know whom to trust, ‘so you managed to stay on your own’.

He also told of one occasion when an older boy told him to climb a ladder on the farm one day if he wanted to see some kittens. When he was climbing the ladder the older boy put his hands up his pants and started fondling him. He kicked him away and ran.