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Bed-wetters were often the victims of delayed punishment. A boy who was there in the 1950s described the procedure: [If you wet the bed] the next day you might have to – it depends on what Brother would be on – strip down your bed. You would try and hide it but if you couldn’t hide it then the next night you would have to face the wall up in the dormitory.

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Some complainants described how the pain of corporal punishment could be intensified through techniques of delivering the blow, or simply through failure to take account of the physical condition of the boy. A resident in the 1940s complained: When beatings were applied, whether by a leather or strap, no account was taken of whether you had chilblains or you didn’t. You just got it and you took it and who were you to complain to, there was no one to complain to.

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A former resident from the same period explained: Another Brother, if you are talking or doing other things in the dormitory that you weren’t supposed to be doing, he would make you go in to the washroom and put your hand into very cold water, because there was no hot water in Artane, and he would make you put your hand in the cold water for about ten [minutes] to quarter of an hour. Then he would call you out and while your hands were still wet, he used to make you put your hand, palm upwards, on the iron bedstead and he had a foot ruler and he used to slice the top of your fingers. It was only afterwards when the blood returned to your hand that you actually got the pain that was involved. Speaking here, it doesn’t seem to imply that being hit at the top of your fingers was a great punishment but it certainly was. The pain afterwards was more than the actual striking of the fingers.

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Another technique was to get the boy to hold his hand over a hard object; the same witness explained the procedure: There was one teacher, and if he needed to smack you with the strap, would make you hold your hand possibly about an inch or two away from the desk and then he would smack you with this strap ... and when they walloped you on the front of the hand, your hand came down on the desk, so you got it on the front and the back of the hand.

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Another witness, there in the 1950s, described a similar procedure. He said, ‘You would put your hands out and if he missed he would make you put your hands on the wall ... so you couldn’t pull your hand back’.

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A resident from the late 1940s described how a teacher would punish boys who got something wrong: If you didn’t get something right in class, if he asked me a question or whatever it was and I can’t remember what it was, if I didn’t get it right, he would come along and he would take your ear. He said “this part of your ear is no good, it won’t do any harm”. He pierced the side of my ear with his nail and dragged you to the board to write the correct answer on the board whatever it was that you got wrong. He would escort you back the same way. You would have to pray that you didn’t get something wrong the next day because although your ear was sore with a scab on it he would still do the same thing with the same ear.

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Some witnesses complained that the punishments they received sometimes resulted in serious injury. A former resident from the 1940s described an incident on the playing fields: [The Brother] was, I would say in his time, a great hurler. He always carried a hurley with him no matter where he went. When I was on the hurling team, when I was fighting to get on it, I was put in goal and I was dropped and he then said, “I will teach you to be a good goalkeeper”. He beat – he hit balls at me, I am not sure you know how hard a hurley ball is. He hit hurley balls at me one after the other. One of them hit me on the eye and my eye came up (indicating) really, really large. He apologised. The other balls that hit me on the body and head quite badly. He was the one in actual fact who hit me on the knees ... with the hurley. A day later my knees came up like balloons ... It was deliberate because I wasn’t doing what he wanted me to do. I wasn’t being a good enough goalkeeper. I wasn’t stopping enough balls properly ... The next day my knees came up like balloons. I couldn’t walk and I was taken down to the infirmary. There was a lady looked after me. I never saw a doctor all the time I was there. I don’t know how long I was there, I can’t remember to be honest with you, he came to visit me when I was there ... I was in a while but I can’t remember how long.

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In the course of his interviews on behalf of the congregation, Mr Dunleavy discussed the ability of Brothers to complain to their superiors about incidents or deficiencies in Artane: No Brothers interviewed recalled any means by which they could make a complaint on any matter concerning the School. Several Brothers expressed feelings of disquiet about things they had seen during their time at Artane but maintained there existed no process by which they could make their feelings of unease unknown. The absence of any proper complaints procedure for staff was mirrored in a total absence of such a procedure for pupils. If a pupil had a complaint relating to any matter within the School or concerning any Christian Brother in the School he would have to make that complaint to another Brother. Apart from the inadequacy of such a system, Brothers being interviewed recognised that such a complaints procedure was unlikely to be invoked by a pupil because of the fear of his complaint being relayed back to the Brother concerned.

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The Opening Statement made a cursory reference to the question why abuse was not reported to the Gardaí: It would appear that the abuse was not reported to the civil authorities. However, reporting of allegations and/or instances of child sex abuse may not have been common practice in the general population at the time.

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The implication is that sex abuse against children was not normally reported to the Gardaí by ‘the general population at the time’ and that this furnished mitigation or explanation of the failure by the Brothers. The introduction of ‘allegations’ is not relevant in a section dealing with recorded cases of undisputed sexual abuse committed by Christian Brothers. Moreover, what may or may not have been common practice in the general population cannot be the rule for providers of childcare who should be setting standards. And, as a later account will show, the practice of the Brothers differed according to the case: when laymen were suspected of sexual abuse, the Christian Brothers reported them to the Gardaí.

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The Superior had known about Br Herve for years, as he informed the Provincial: During the past few years I spoke to Br Herve about these matters, while last September I called him into the Office and abused him and rated him roundly for his kissing of the boys and his fondling of them. On that occasion he promised to give it up for good.

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The Superior did not tell the Dean that Br Herve had a history of misconduct with boys: ‘In speaking to the Dean I did not pretend to know such a thing existed at all’.

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The Superior told the Provincial that in his view the matter had come to light out of ‘a woman’s revenge’, but he accepted that ‘Quite apart from this it appears that Br Herve is guilty’. He suggested that, if the Provincial investigated the matter, he should do so discreetly and not come to the School during school hours. The Provincial dispatched one of his Consultors who stayed in a hotel so that ‘the investigation could be carried out quietly’. This Brother recorded that Br Herve: admitted that the charges were substantially true. He did kiss and fondle boys, but always (a) openly, (b) when others were present, and never in a gross manner. It was not alleged by anyone that there was gross immorality at any time.

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During the Phase III hearing into Artane, Br Reynolds, referring to the nature of Br Herve’s meddling, commented as follows: But I mean, what the Provincial believed or didn’t believe I am not sure is of any consequence. What I was saying in the submission is that the lady thought it didn’t happen, the Dean thought it did. And, obviously, that’s the view that I am taking, that if the Dean thought it did well then it did happen.

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It was put to Br Reynolds that this comment showed clearly that the Congregation was aware of the recidivistic nature of abuse as far back as 1938. Br Reynolds did not agree: I would come back to say that this letter, in my view, does not point out that the recidivistic nature of child abuse was known to whoever wrote it. What he is saying is that this individual person, certainly he believed, abused but he wasn’t in a position to take any action on it until he had sufficient proof.

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