494 entries for Witness Testimony

The Oblates, in other words, acknowledged that the Institution failed to provide for the special needs of the vast majority of its pupils.

The Resident Manager in the 1960s explicitly referred to the situation he was faced with as ‘unjust’ to the pupils, but it was clear that the regime in Daingean was incapable of responding to individual needs.

Severely psychiatrically disturbed children also ended up in Daingean, and these children could not have been properly looked after by the reformatory system. The Oblates were correct in stating that these children were let down by the State, which failed to provide specialist facilities.

The Oblates maintained that they acted responsibly, and drew attention to these problems without succeeding in having them addressed until very late in the day.

• From its re-establishment as a Reformatory in 1940, Daingean was a poor solution to a problem that had been allowed to escalate to crisis proportions. The interests of the boys were not prioritised in the discussions leading up to the opening of Daingean. Daingean’s isolation, clearly identified as a problem by Government officials, was regarded as an advantage by the Congregation. Isolating boys from family and friends was part of the ethos of the Institution. The lack of clarity with regard to responsibility for maintenance of the buildings in Daingean, identified in the Department of Finance letter, proved to be an on-going problem which contributed to the appalling living conditions of the boys. The complainants who gave evidence mainly came from backgrounds of poverty and neglect. Although they all came through the court system, very few of them were hardened criminals. Daingean did not address the special needs and disadvantages of these boys.

Fr Murphy, Provincial of the Oblate Congregation, presented evidence to the Investigation Committee at the Emergence hearing on 23rd July 2004. Fr Michael Hughes, the Provincial Archivist, gave evidence at the Phase I public hearing into Daingean on 9th May 2005. Complainant and respondent witnesses were heard in private between 10th May and 2nd June 2005 at the Commission’s offices. Finally, a public hearing in Phase III was held on 6th June 2006, and evidence was again given by Fr Hughes.

In the private hearings, 25 complainant witnesses testified out of a total of 34. A further 44 attended for interview, out of a total of 86 who were invited to attend for interview. Two respondent witnesses gave evidence.

In addition to oral evidence, the Investigation Committee considered documents received from the Oblates, the Department of Education and Science, An Garda Síochana, the Department of Justice, the Director of Public Prosecutions and the Bishop of Kildare and Leighlin.

In the Emergence hearing into Daingean, the Oblate Congregation did not apologise for any excessive corporal punishment, but they did refer to the press statement which was issued after the broadcast of ‘States of Fear’ in 1999 in which they stated: We would firstly say that the abuse of young people is always abhorrent and abuse of young people in confinement is doubly so. The Oblates of Mary Immaculate deeply regret that any young man was mistreated while in their care and offer sincerest apologies.

In response to a question from the Investigation Committee, the Oblates stated that that press statement: was in the nature of an expression of concern after the TV documentary ‘States of Fear’ in which one of the reformatories was mentioned. It was thought that such a statement was required in view of the public interest in the programme. In their statement the Oblates also indicated that further research was needed. No further statements of this kind have been made ...

In their Opening Statement the Oblates submitted the following: Allegations of physical abuse have also been made. The Oblate Management file shows two complaints of excessive corporal punishment in the lifetime of the school. The school files show five complaints in the lifetime of the school of pupils being struck by staff members: two of these are also found in the DES discovery documents. The Oblates do not seek to defend the use of excessive corporal punishment. However the use of corporal punishment in the period must be judged in the context of a society where it was acceptable in itself and in the context of an institution where numbers were large, facilities were very limited, and there was little or no psychological assessment to exclude violent or unmanageable boys or any resources to deal with them. As a result it was a very difficult task to maintain order in the reformatory and eliminate violence among the boys themselves. It should be mentioned that evidence of support from parents can also be found in the files, and also letters from boys which reveal a good relationship between pupils and staff.

In their Submission, the Oblates summarised their position and acknowledged that the corporal punishment described by some of the complainants was ‘unreasonably severe’. They also acknowledged that ‘the punishment for certain infringements such as absconding and attempting to escape was in itself ‘over severe’. They conceded that such punishment had serious consequences for the boys, and they apologised unreservedly for that, but they denied that it was abusive or administered randomly.

They asked the Commission to examine the issue in the context of the times and the type of institution that operated in Daingean. They also suggested that the question to be examined by the Commission was summed up by the Chairman when he pointed out that the issue was not simply whether boys were beaten in institutions but whether they were abused by being beaten.

From the evidence, it emerged that corporal punishment was administered in three different ways, all of which breached the rules and regulations for corporal punishment in residential schools. These were: 1.The form of punishment known as a flogging. 2.Punches, slaps, kicks or blows with an available implement such as a hurley, a stick or, in the case of one particular Brother, a garden hose and a spade. These blows were given as immediate chastisement for aberrant behaviour or for disobedience and minor insolence. Some staff members were singled out as resorting to such punishment more frequently and harshly than others. 3.Blows with a strap for behaviour warranting less serious punishment.

At a conference held in the Department of Education on 30th June 1952, with Fr Pedro,7 the Resident Manager of Daingean, District Justice McCarthy and the Minister for Education and his officials present, issues relating to Daingean and Marlborough House were discussed. The minutes at one point revealed the following: Justice MacCarthy asked whether corporal punishment had often to be inflicted. Father Pedro said no. Occasionally a caning on the hand, but no more.