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Br Olivier was also involved in a shocking incident that began when a 12-year-old boy accidentally defecated on the floor in the sports dressing room. The Brother came on the scene and some of the excrement ended up on his shoes. The Garda statements made by the witnesses differ as to how this happened, and the precise sequence of events, but what is admitted in statements made by Br Olivier is that he told the boy to lick the excrement from his shoes and he did so. The Brother, in his statement to the Gardaí, said that he was shocked when the boy did this and told him to stop: ‘I only said it out of frustration. I didn’t mean him to do it’.

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In his written response to the Investigation Committee, Br Olivier gave a full account of the incident as he remembered it, and repeated this apology. He wrote: On the day in question I was playing football with another Brother in a field far away from the dressing room. When we finished playing we returned to the dressing room to change and I noticed [the complainant] coming out of the dressing room. I asked him what he was doing there and he said he had to go to the toilet. I brought him back in and noticed the floor and my shoes were covered in faeces. I told him to clean up the mess and he replied he had nothing to clean it with. I spontaneously told him to lick it, meaning my shoes. To my horror he proceeded to do so and I immediately told him to stop and to go back to the class or he would be late. I did not give him any beating or bath and I proceeded to clean my shoes and the floor myself. On the day in question I was not on duty. I also wish to state that I never refused anyone permission to go to the toilet in my entire teaching career. I repeat the unqualified apology I made to [the complainant] sometime ago when this incident was brought to my attention.

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He was specific in his statement that the apology was for asking the boy to lick excrement off his shoes. In that sense, it is indeed an ‘unqualified apology’. However, the Christian Brothers, in their response to the complainant’s allegations, wrote: [The complainant] describes in detail an occasion, while out training, he had stomach cramps, and accidentally defected himself. He claims that he was terrified that Brother Olivier would find out, so he hid his soiled clothing. Brother Olivier ultimately found the clothes and stained his shoes on the soiled clothing. [The complainant] alleges that Brother Olivier made him lick his boots clean. This alleged act took place in front of an ‘entire group’. [The complainant] continues that the group was asked to leave and he was then “subjected to a beating from Brother Olivier which lasted about 5 minutes”. In relation to the allegations made against Brother Olivier I would like to refer to a letter dated the ... addressed to [the complainant] from [Br Olivier] In this letter [he] wrote “I am deeply saddened to learn of your pain and hurt and I sincerely offer my humble apology for my part of the above pain and suffering”. While this letter acknowledges [the complainant’s] alleged pain, the letter is not intended to be an admission of the allegations made against Brother Olivier.

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In the mid-1950s, the mother of a boy in Artane wrote to the Department of Education to ask if she could be allowed to see her son, who had sustained a broken arm and head injuries during the previous week. She also asked if the incident could be investigated. She wrote: I heard during the week that my boy Thomas22 Artane School had an arm broken as a result of a blow with a brush by one of the brothers I call to the school yesterday and the superior admitted that one of the brothers had given him a blow and that his arm was broken I did not see the boy23 but I believe he was attending another hospital for treatment the superior said he had it xrayed and seen the result the arm is in Plaster of Paris I also heard that his head was bandaged during the week Im very worried over it and I called on Sunday to see him and was not allowed If it could be arranged for me to see him to ease my mind. In any case please have the matter investigated and let me no the result.

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The incident was then raised in the Dáil and was covered by the Press. The TD, Captain Peadar Cowan, regretted having to raise the matter in the Dáil, but he said that: the House will want an assurance from the Minister, and the country will want an assurance from him, that punishment, if it is to be inflicted on those sent to industrial schools, will be inflicted by some person of experience and responsibility. If punishment were to be imposed in a fit of hot temper, it would be exceptionally bad and, in fact, as in this case, it would be dangerous. ... The very fact that the incident did occur shows how necessary it is that this House, through the machinery of the Department of Education and through the Minister charged with that responsibility, should have the closest supervision of schools such as this, where children, many of them without parents at all, are sent to be brought up.

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The Minister then added: Apart from my high regard for the Brothers concerned, the community concerned, there is also a very constant system of inspection for all such institutions. I personally have visited practically all of them ... I know in that particular school how deep is the anxiety for the children’s spiritual and physical welfare. This is an isolated incident; it can only happen again as an accident.

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The Congregation referred to this incident in its Opening Statement. They commented: Although there are differences of opinion concerning precisely how the injury was caused and when the mother was allowed to see the boy, it is quite clear that the boy was injured and that his arm was broken. The Brother in question was transferred out of Artane.

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At the first public hearing on 15th September 2005, Br Reynolds, speaking for the Christian Brothers, was asked if he found it appropriate for the Congregation to effect such a transfer under the circumstances, and he replied: It wasn’t appropriate. I would say it wouldn’t have been uncommon in various places at the time. Certainly that one is the most serious incident we have and it was handled badly I would say from all aspects of it. The other thing that gives some sort of indicator or is indicative of society at the time and what surprised me when I read it that even Peader Cowan, the TD who alerted the Dáil to it at the end of it said, “this is an isolated incident and it won’t happen again” and so on. That came as a surprise to me, but I am taking that as indicative of the times as well. It’s probably indicative of the attitude that somebody who did something of that nature could be transferred elsewhere.25

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The boy whose arm was broken is now deceased. The only witness available to the Investigation Committee was Br Michel,26 who was involved in the incident with Br Cyrano. Br Cyrano made a statement at the time, in which he said: As I was asking Br Michel something about the Easter tests he mentioned that a boy ... had caused him trouble that morning. He asked me what should he do and I told him that it would be better to give some punishment as he would only cause trouble again. I closed my door and began writing on the black board. During this time I could hear the boy talking and saying “I won’t give in if you keep at me for a week”. The boy was making remarks similar to this but I could not hear them to make them out. My own class stopped their work when they heard the noise next door. I knew from this that the boy was resisting punishment. I continued writing on the board and suddenly the door was opened in a hurry. A boy from Br Michel’s class entered saying that [he] wanted me immediately. I dropped the chalk and went in. As I entered I saw Br Michel and the boy in a corner. Br Michel was holding the boy who in turn had a brush raised as if to hit [him]. I lost my temper and in the spur of the moment I caught the brush and hit the boy. But how often or where I hit him I can’t say for definite. Then I gave the brush to another boy and told him to leave [it] at the far end of the room. As I was going back to my own room again I noticed the boy looking at his arm. I asked him to bend it which he did. I then left the classroom and went back to my own.

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Six days after the mother’s letter of complaint was written, Br Cyrano, who had struck the blows, wrote to the Provincial of the Congregation: I am very sorry for all the damage I have done to the Brothers of Artane Community and to the Brothers in general. I have been very much upset and worried since it has happened. I will never forget it all my life. I would like if you would give me a change, as I would never really settle down again in Artane. As a favour I would be very much obliged if you considered my case, in making the change ...

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Br Michel, the other Brother involved in the incident, appeared before the Investigation Committee and also expressed his remorse, describing it as ‘one of these things that I have to carry with me to the end of my life’. He said: ... a thing happened which I have found very difficult to bear ever since. It is 51 years ago now. In the classroom one morning, a young lad and myself – he wasn’t responding to the slaps that I was giving him, as far as I can recollect it now, and I was a young man, he was quite a hefty fellow. At any rate he decided to rush to the side of the classroom and grab a brush and went to strike me with it. Now I was absolutely nervous, didn’t know what to do and did the wrong thing, unfortunately. I called in another Brother, and he grabbed the brush from this young man and it all happened on the spur of the moment, regretfully. He did strike the young chap and he caused some injury to him. The matter was investigated at the time by the inspector for industrial schools and, regretfully, that other man was transferred out of the place.

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This Brother did not know that the transfer was made at the request of his colleague and thought it followed the Inspector’s investigation. Under questioning, he added: It happened very very suddenly and in actual fact I didn’t realise there was any harm done, if you know what I mean, at the time until sometime afterwards, some days later.

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Neither of the Brothers escorted the boy to the infirmary: a fellow pupil took him. Br Cyrano, who struck the blow, appears to have suspected a fracture, because he wrote in his statement that he saw the boy looking at his arm and asked him to bend it, but he did not pass on that concern to the infirmary. The obvious severity of the injuries should have resulted in a full medical history being taken and a thorough examination.

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A boy who was acting as monitor at the time of the incident told the inquest what he saw: the deceased went up the stairs to the dormitory with the other boys and then came back out onto the stairs and went to do a ‘circus trick’ in which he leaned his body on the handrail and slid down a short distance ‘when he seemed to overbalance and fall face downwards to the floor below’, which was a distance of over 14 feet. The injured boy had damaged his teeth and ‘put his hand to his left side as if he was hurt’. He was able to go into the dormitory to get his boots before he was taken to the hospital.

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The treating doctor at the Mater Hospital gave evidence to the inquest that the boy was admitted to the hospital at 9pm on the evening of the accident, with a history of having fallen about 14 feet and that, on examination, he was conscious and suffering from shock, with a laceration of the lower lip and lower gum, four upper front teeth missing and a bruise over the right lower jaw. The doctor decided to operate to repair the injury to the boy’s lip and gum, which he performed at around 12.30 am. He described the anaesthetic that was given and said that an endotracheal tube and pack were placed in position. He continued: ‘After the operation was completed, his breathing became embarrassed, for which he was immediately treated, but in spite of this he did not respond, and died’. The doctor expressed his agreement with the evidence given by the pathologist as to the cause of death.

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