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One witness said he was not long in Upton before he was called into the office by Brs Ludano and Donato, and questioned about his brother who had been in Ferryhouse and was now in Daingean. Once they established they were siblings, the Brothers said words to the effect ‘we won’t make the same mistake with you’ and proceeded to strike him across the face and gave him ‘benders’ on the buttocks with the leather. He was black and blue from this beating. He recalled being beaten also by a Fr Gian16 on the farm, but the main punishments were meted out by Brs Ludano and Donato.

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Fr Gustavo19 said that he witnessed Br Alba20 beating boys in the old infirmary for talking in the dormitory. He said that he questioned Br Alba but was told to mind his own business. He said that he heard that Br Alfonso was tough and cruel.

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The Order was aware of the damage caused to victims of sexual abuse. Although the Provincial and Superior General were critical of the offender in this case, they did not take steps to prevent further injury or harm being perpetrated on other victims. Although Fr Santino was known to have sexually abused children for many years in his first posting, he was transferred to another post where he repeated the abuse. He was transferred because of fear that there might be a police investigation and without regard for the safety of children. The next move took him out of the United Kingdom and brought him to Ireland, again for the purpose of obviating investigation. It is clear that Fr Santino’s conduct in each of his postings in Britain was criminal, and that he offended repeatedly to the knowledge of his superiors. His transfer from one English parish to another was irresponsible. The Order was aware of the risk that he posed and of the damaging impact of his behaviour on his victims. The transfer to Ireland was for the purpose of Fr Santino’s spending a short penitential stay in Mount Melleray. It was obvious that full information should have been given to the Abbot so that careful supervision could be exercised, but there is no evidence that such steps were taken and he remained in the monastery for a period of 10 years. Assigning Fr Santino to a position in Upton was irresponsible and reckless. With the knowledge that the Order possessed about his past history and attitudes, they must have been aware of the likelihood that he would sexually abuse boys in this Institution. It follows that the Order was prepared to put boys at risk in order to find a place for somebody who might cause public scandal if he were to be located elsewhere. The documents do not indicate any attempt by the Order to dismiss Fr Santino from the priesthood. They appear never to have given consideration to the possibility of doing so. The Rome file: Br Umberto34

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This Brother was found to be committing sexual abuse with boys notwithstanding a previous warning, and the Provincial reacted by moving him to the Novitiate House ‘where circumstances are different’. This decision appears to have been a short-term expedient, because the Provincial returned the Brother to Upton five years later, notwithstanding the danger that he represented to the boys. The case of Br Umberto is interesting because he left Upton while Br Alfonso was Prefect, yet he is not mentioned by Br Alfonso. It is surprising that Br Alfonso, a relentless pursuer of sexual abusers, did not hear of this case, particularly because of the reference to Br Umberto’s having been previously warned by both the Rector and the Provincial. It illustrates the secretive way in which abusers could be removed. Returning Br Umberto to Upton in the early 1960s amounted to reckless disregard of the safety of the boys, particularly as at that time a known sexual abuser who had served years at Upton had recently been uncovered. There should have been an appreciation of the need to eliminate the risks the boys faced. The Rome file: Br Constantin36

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The Provincial asked the Rector of Kilmurry, Fr Salvatore, to write to the Superior General, setting out his views on the matter. In a letter, Fr Salvatore wrote: Br Constantin’s case is a sad one. He came here [Kilmurry] over a year ago from Upton. Fr Provincial will, no doubt, have informed you that this Brother had great difficulty in observing his vow of chastity. His Rector at Upton was forced to send him away from that house because he had proof that, in two cases at least, he had sinned with boys. The fact that he is still a religious is due to the charity of his Superiors because, generally, in these kinds of cases the rule is to send the accused person away. I must say, Father, that Constantin himself did ask his Superiors to take him away from the occasion [in the sense of the occasion of temptation]. Sending him here was seen as saving his vocation but it is not like that.

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Former Br Constantin reappeared in the early 1960s at Mount Melleray Seminary, Cappoquin, County Waterford, as appears from a letter to the Provincial: Dear Father Provincial, We had a student here last year named Constantin who spent some time in your Congregation. It was only quite recently that information of that fact reached me. He was admitted here on the recommendation of a priest in England and I would never be satisfied to keep him without a reference from his former Superior had I known he was in religion. I am writing now to you for a reference for him as I am expecting him back soon and he will get a bit of my mind for not telling me he was with you. He is very quiet and well conducted as a student but that would not be enough to get him into a major seminary later on. With every good wish, I am, dear Fr Provincial, Yours sincerely in DIE President

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This Brother was discovered to be sexually abusing boys in the 1950s. Br Alfonso said that he discovered that Br Fausto had been sexually abusing children at the same time that he found out about Br Constantin. Fr Giovani corroborated the discovery of Br Fausto in his statement. A complainant, resident in the early 1950s, gave evidence that his brother, while being punished by Br Alfonso, complained to him that he was being abused by a Brother whose name the witness did not recall correctly, but by a similar-sounding name: When he started laying into him with the strap my brother turned around and said that he was abused by a Brother called [similar sounding name to perpetrator] ... Br Alfonso stopped dead in his tracks, put the strap back in the thing and he couldn’t apologise enough. [The Brother] was removed from the school shortly thereafter ... No, I did not witness that. My brother mentioned it to me a couple of years ago, three or four years ago.

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This is another Brother who was discovered by Br Alfonso to have been sexually abusing children in Upton. The matter is referred to in a letter in the late 1950s from the Provincial, Fr Placido, to the Superior General, Fr Lucca, without mentioning Br Alfonso’s involvement: Bro Mateo here has recently been indiscreet cum puero41 or perhaps cum pueris42 so Fr R deems it advisable that he should be changed to avoid danger or talk especially in view of the big influx. We thought first of sending him to Kilmurry but the Rector put forward good reasons against that apart from the fact that the place would be unsuitable for the brother’s health in view of the insomnia from which he suffers. We are of the opinion that Omeath would be the better place where he had been previously ... and there was no complaint about him as regards conduct ... Bro Mateo should be satisfactory ... and I think his slip will be a lesson to him to be careful and watchful ...

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A complainant from the late 1950s gave evidence that corroborated Br Alfonso. He alleged he was sexually assaulted by Br Mateo in his early days in the School. He recalled he was playing ball one evening and the ball went into the hall. Br Mateo found the ball and called the complainant over and sat him on his knee and fondled his privates and kissed him. This abuse went on over a period of time until it was eventually reported to Br Alfonso. He did not officially report it to Br Alfonso. What actually happened was that Br Alfonso found him coming out of the hall one night when he had been missing from the games room. He was initially frightened to tell Br Alfonso what was happening but eventually he did, and he was told to go and wait for Br Alfonso in the office. Some time later, Br Alfonso came back and questioned him further, and he gave all the details and was told not to worry any more as Br Mateo would be transferred. During the hearing into this evidence, counsel for the Rosminians intervened and said that they accepted that it had happened as described.

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A complainant, who was in Upton from the late 1950s to the early 1960s, made a complaint about Br Mario. He alleged that Br Mario pinned him up against a table in the kitchen, and the complainant said he was conscious of Br Mario’s arousal. This happened on a number of occasions and only ceased when the complainant threatened to tell Fr Eduardo, the Resident Manager: That man annoyed me week in week out for four or five weeks, commencing when I was working in the kitchen. Now, he knew I wanted to go on holidays, that man used to have me in tears. He would come up behind my back when I would be scrubbing pots, and I mean scrubbing pots now, and he would put his arms around me and he would be saying to me “I don’t know will I let you go on holidays or not”. He used to force me up against the sink. Believe me he used to have an erection on him. This was going on for weeks ... He used to annoy me every day of the week for weeks until I threatened to tell Fr Eduardo on him. I told him to do what he wanted. I got the holidays anyway. When I threatened him with Fr Eduardo he didn’t come near me any more.

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During the cross-examination of Br Alfonso, it was suggested to him that the punishment book could be divided into two sections. As was discussed above, the first period of the book is from 1952 to 1954. The second period from 1954 to 1963 showed a marked difference in the type of offence being punished, in that the almost exclusive reason for punishment was immorality. He was asked to explain this shift in emphasis of punishment, and he failed to give a precise answer. His counsel attempted to ‘explain’ what Br Alfonso was saying: By his actions in reporting the activities of the community and the lay person, he brought a situation out into the open where the boys were now more comfortable coming forward. So the boys who had been allegedly victims of each other were now coming to Br Alfonso to report incidents between themselves as opposed to between themselves and the community. So that those things had now become more open, there was an atmosphere of honesty coming out that these things were no longer taboo, that there was a way to get some action.

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Br Alfonso also said that the reason why there was so much punishment for immorality in the punishment book during his time was due to an increasing awareness that sexual behaviour was unacceptable. He said: All I was saying is that somehow or another it must have in some way leaked out to the children that this is not acceptable, this standard. I think my attorney here spelt that out, that the boys realised that and then started to come to me and say, “this is what is going on here with us, these boys are molesting and will you stand up for us”. If that makes sense, I don’t know, but I cannot explain it any other way.

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Br Alfonso gave evidence that the punishment that was administered was normally three or four slaps on the hand, or 10 strokes on the seat of the pants for more serious offences. The punishment book recorded that 20 strokes were administered to a boy for sexual impropriety and, on other occasions, 15 strokes were administered. When asked to explain why he said 10 was the maximum delivered, which was clearly incorrect, Br Alfonso explained that the severity of that particular punishment arose from a highly unusual situation. He said: I am saying that in these events we are talking about, boys wouldn’t be one on one in this situation. They would be like animals among one another, everybody would be involved in it, young boys and all. It was having whatever, I don’t know what you would like to call it, an orgy, I don’t know what it would be. Certainly it wasn’t a normal one to one thing. That is all I can say.

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One witness who was resident in the 1950s alleged that he was sexually abused in the tailor shop. The routine was normally that a boy would arrive in the tailor shop, and whatever item of clothing that required repair would be repaired on the spot. On this occasion, he was told by a lay worker to remove his trousers for repair. The lay worker then put him on his knee, on the pretext of showing him how the sewing machine worked. He sexually abused him, and he and the lay worker ended up on the floor. This only happened on one occasion, as the person normally in charge of the shop was absent. He did not report this incident, as he was too frightened.

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Another resident, present in the 1960s, alleged that he had been raped while he was a pupil in Upton. He stated that he awoke on a number of occasions to find a dark figure groping him. He stated that, on one occasion, a lay member of staff persuaded him to accompany him to the kitchen for the purpose of giving him cookies and milk. While in the kitchen, the man pushed up against him and attempted to lift him up. However, the witness stated that he froze and the lay worker got a fright and stopped. However, he was told to go straight to bed and not to say anything.

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