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The Department of Education referred to this matter in its Submission to the Investigation Committee: While the punishment of boys in this instance appeared to contravene Department regulations, the Inspector is not recorded as having challenged the Resident Manager and it is possible that Dr. McCabe considered reformatories requiring a different approach in regard to discipline and the use of corporal punishment. There is no evidence that she offered advice on how the troublesome boys could have been treated differently; the 1946 circular stated that principals could draw on the advice of the Department’s Medical Inspector “regarding any children who are specially troublesome of difficult to control”.

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One witness present in the late 1960s described this Brother as ‘... a very big, tall, stocky Brother who worked on the farm’. He described an incident where six pupils were taken from the dormitory and beaten in turn by this Brother with a leather. They were accused of plotting an escape and he was going to make sure it did not happen. He said that this Brother: had some lad there standing and each one of us in turn—he made us lie across the stairs had him stand on our hands and he whipped us with a leather ... I had only a nightshirt and he pulled up our nightshirts over our heads.

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Another witness present in the late 1950s and early 1960s stated that he worked on the farm: Br. Enrico was in charge of the farm. He was nicknamed the Bull, he was a big strong man, he was over six foot. He didn’t like being called the Bull ... On one occasion I got a bang of a shovel or a spade, I don’t know which, I was brought to hospital and I got stitched.

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When asked by the Committee, ‘Were there rules and if so how were they known?’, Fr Murphy who spoke on behalf of the Oblates at the Emergence hearing said: There were rules and basically they were passed on from person to person within the body. So in a sense it became a tradition, if you like, of rules and regulations within the reformatory itself ... there was a Prefect in charge and he was the only one who could inflict corporal punishment for serious offences ... The other Brothers had the permission, had the right or permission, to inflict punishment on the hands only. So it was sort of a tradition, if you like, of corporal punishment for which there is though written protocol.

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The Statement of the Department of Justice stated in relation to Mr Crowe: it would be fair to say that Mr MacConchradha sought to advance his views with a vigour which was atypical of the civil service culture in which he found himself at the time.

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Mr Crowe stated at this meeting: I said at this stage and I was supported by other members that what was being brought to his attention in relation to corporal punishment in Daingean did not arise by way of complaint but derived from an open avowal by the Resident Manager of the way in which corporal punishment was administered in the reformatory school.

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Mr Crowe continued: I put the only question that I asked in respect of corporal punishment at this juncture. I asked if the boys were undressed of their nightshirts when they were punished and Fr. [Luca] replied that at times they were. He elaborated by some further remarks to the effect that the nightshirts were pulled up when this was done. This additional remark was subsequently commented upon by the committee members in private discussion. The point was made that a boy so punished with a leather could hardly be expected to remain still, his struggles were likely to enlarge the extent of his undress and the likelihood that a struggling boy might be struck anywhere on the naked body could not be excluded. Some other committee member asked why he allowed boys to be stripped naked for punishment and he replied, in a matter of fact manner, that he considered punishment to be more humiliating when it was administered in that way.

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Fr Luca said the members of the Committee went around the School, inspected buildings, spoke to staff and then afterwards had a meeting with him. He was asked to comment on the second memorandum prepared by Mr Crowe, and he made the following points: (1)He agreed that one particular member of the staff to whom he assigned disciplinary duties administered corporal punishment. He did not remember telling them but he agreed ‘it must be so’. (2)He remembered the Prefect carrying a strap but did not know if the other Brothers carried one. He did not think it was a common thing for them all to have straps. (3)He could not remember telling the Committee members that boys were called out of the dormitories after they had retired and that they were punished on one of the stairway landings ‘... because my own perception of what had happened was that they were brought to the washroom which was a room at the bottom of the stairs. I didn’t know about it being done on the stairs’. (4)It was news to him to hear that evidence was given that boys described punishments on the stairs. He stated that he did not know this occurred. (5)When asked if it was the case, therefore, that he could not have told the Kennedy Committee members what was recorded in the memorandum, he stated, ‘I was certainly stretching things a bit if I were to say that and I don’t think I did’. (6)He did not remember saying how the punishment was applied to the buttocks, or what the boys wore when this occurred: ‘Honestly I don’t remember saying it. I am not doubting Mr. MacConchradha’s word but I can’t remember it’. (7)When asked to comment on the now infamous remark about boys being stripped naked for punishments as it would be more humiliating that way, he stated: I certainly don’t remember. Another thing I would say it would be totally a contradiction of what my own philosophy was about, the treatment of the boys. To say a thing like that, I don’t think it’s something that I would have said. (8)Fr Luca concluded by agreeing that, in his dealing with this topic over the years, including in the newspapers, at all times he had said, including today, that he had no recollection of saying that.

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The response of the Oblates to individual complainants’ allegations was to maintain this position. They submitted: it is impossible to fairly adjudicate on the complaints in these circumstances. The passage of 40 years, the deaths of many persons against whom allegations have been made or who might have cast light on these matters, the dimming of memories, and the absence of documents directly relating to the allegations make it difficult to develop a response to the allegations. The incidents ... require a careful investigation, the materials for which are not available in the records held by the Oblates ...

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Some witnesses appearing before the Committee gave evidence that this Brother had sexually abused them during his 17 years in Daingean. In its response to these complainants, the Congregation made no reference to the fact that Br Ramon had been convicted of serious offences against young boys in Wales, but simply averred that the Brother was now deceased. The Congregation cross-examined complainants on the minutiae of their allegations, and was dismissive of any allegation that was inconsistent or mistaken in even unimportant detail. One witness said: Br. Ramon, he used to work in the bakery. There was one morning I was sent over to get the bread to put it out for the breakfast. I went over and he was there and he started tickling me and messing about, that kind of thing. Then he opened my trousers and put his hand in ... and he touched me. I was pushing him away, trying to get away from him and he grabbed me by the hand and he tried to force my hand onto his private part. I managed to struggle and then he just let it go at that. I got the bread and brought it back over to the recreation room ...

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He was then asked if it had happened again: Oh yeah, masturbating about five or six times after that. He would give me brylcreme, sweets, toothpaste, toothbrushes and things like that ... where I was working in the kitchen. He started groping me again and then I gave in, I masturbated him about probably four to six times.

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Another witness told the Committee, ‘There was five or six Brothers that did abuse kids’, and he named Br Ramon as one of these: ‘Br. Ramon was an evil man’. He added, ‘There were other good Brothers there, they weren’t all paedophiles’.

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He was then questioned about his allegations. He insisted, ‘Br. Ramon tried to abuse me. I took the beatings rather than let them abuse me ... He got a hold of you and he groped you. I never let him go all the way with me, if you know what I mean’. Under cross-examination he added: You would be in a room and he grab you by the private parts and pull you into it and he tried to grope you ... I would knock him away and take a slap.

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The cross-examination ended with a simple statement: I don’t have any more questions. I should just point out, as I have done, that the Brothers concerned are dead. Br. Ramon is long time dead ...

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One complainant was asked whether he or anybody else had been shown kindness or fairness. He replied that he had never received any kindness, but identified the boys who worked for Br Ramon in the laundry as receiving special treatment: Maybe to one or two of the people that was working in the laundry. Br. Ramon was over the laundry and if you said anything to any of the boys that worked in the laundry Br. Ramon would give you a hiding for it because he didn’t like his boys to be abused or given out.

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