Abused swimmers to receive major payouts

A 10-year battle for compensation by 13 female swimmers who were abused by their coach, convicted sex offender Derry O'Rourke, ended at the High Court yesterday when their separate cases were settled for substantial damages against Swim Ireland and a private Dublin school which employed O'Rourke.

Under the settlement, against King's Hospital School, Palmerston, Co Dublin and Swim Ireland, 12 of the victims will each get six-figure sums while the other victim will receive less. Their legal costs will be paid by the school.

After the settlement, announced at a brief hearing before Mr Justice Eamon de Valera, a solicitor for the women said his clients were satisfied with the outcome. The solicitor, David Coleman, paid tribute to their fortitude and patience.

Mr Coleman said his clients were aged between 10 and 17 when the abuse occurred and were "very brave" to have persevered with their actions for over 10 years. The first claim for damages was initiated in 1998 and the last claim was made in 2001.

In separate proceedings, the 13 had sued the Irish Amateur Swimming Association Ltd (now Swim Ireland); King's Hospital school, and O'Rourke over assaults on them by O'Rourke between 1970 and 1994.

They did not proceed with claims against the IASA Leinster Branch Ltd, which went into liquidation some years ago, or against King's Hospital school swimming club.

O'Rourke entered no defence in the case and judgment in default of defence was entered against him in 2007.

O'Rourke was national swimming coach with the IASA at the time of the assaults and was also director of swimming with King's Hospital school swimming club and the claims against Swim Ireland arise from that.

Swim Ireland had denied the claims and also contended they were brought outside the legal time limits.

In their proceedings against King's Hospital school, the 13 claimed the school was vicariously liable for the actions of O'Rourke and also claimed it was negligent and in breach of its duty in relation to O'Rourke.

They claimed O'Rourke was allowed remain as the school's swimming coach and pool manager despite complaints being made about him to the school on several occasions from 1973.

The school had denied any liability for O'Rourke's actions and has also denied negligence. It claims only one of the 13 plaintiffs was a pupil of the school and that it cannot be liable for his actions while coaching the plaintiffs after school hours.

It had also opposed a decision by the High Court that the actions could be heard by a judge and jury rather than a judge only.

Last month, Mr Justice de Valera refused applications by the school and Swim Ireland to adjourn the actions, the first of which was due to open last Tuesday.

Both defendants argued they were not ready to proceed with the hearing of the cases and indicated they might seek to have medical assessments of the plaintiffs carried out.

Counsel for Swim Ireland also said its chief executive was about to have a baby and there would be considerable "organisational difficulties" if the cases proceeded as listed.

However, John Gordon SC, for the 13 plaintiffs, opposed any adjournment, saying it would be very unfair to the plaintiffs in proceedings which had gone on so long.

The actions did not proceed on Tuesday last because counsel for King's Hospital school told the judge on Monday the school was appealing his decision that the cases could proceed before a jury. The judge adjourned the cases for mention to yesterday.

Yesterday, Eoin McGonigal SC, for the plaintiffs, said all the cases could be struck out with orders for costs in 12 cases against King's Hospital school only, to include discovery costs but no reserved costs.

In relation to the remaining case, there was to be an order for costs on the Circuit Court scale and no reserved costs.

When the judge asked counsel for Swim Ireland or King's Hospital school whether they wished to say anything, counsel indicated they did not.