State loses costs bid in abuse case

The Supreme Court has refused to award the State its legal costs, estimated at some €750,000, of an unsuccessful test action brought against it by a woman who was sexually assaulted by a national school principal when she was a pupil.

The five judge court unanimously ruled today there were exceptional reasons why the State should not secure its costs against Louise O’Keeffe.

The Chief Justice, Mr Justice John Murray, said those special factors included the fact this was a test case against a public body involving complex issues of relationships between a primary school teacher whose salary is paid by the State, the employer who is manager of the school, the owner or trustee of the school and the Minister for Education.

The State had not disputed this was an important test case, he noted.

Other special factors included that the case arose against a substantive volume of similar cases of sexual abuse of children by adults, a significant number of which involved teachers whose salaries were paid by the State.

The exceptional circumstances might also be reflected in the fact counsel for the Minister for Education had, while seeking his costs, told the court a “sympathetic view” would be taken with regard to executing any costs order although it was not specified what that meant, the Chief Justice added.

In all those circumstances, the court’s discretion should be exercised so as to refuse the State’s application for costs.

The court directed no costs order would be made against Ms O’Keeffe in relation to the Supreme Court appeal and also set aside the High Court decision awarding costs to the State of Ms O’Keeffe’s unsuccessful hearing before that court.

Some 200 other cases were awaiting the outcome of Ms O’Keeffe’s action last December when the Supreme Court ruled the State bore no vicarious liability for the actions of the school principal because there was no employer/employee relationship, formal or substantive, between them.

The court, comprised of the Chief Justice, Ms Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Hugh Geoghegan and Mr Justice Nial Fennelly, reserved its decision on costs to today.

The Chief Justice said the normal rule is that costs are awarded to the winning party but the courts may depart from that principle where exceptional circumstances are shown.

Ms O’Keeffe (43), of Thoam, Dunmanway, Co Cork, had sued the Minister for Education and State arising from some 20 sexual assaults by school principal Leo Hickey on her at Dunderrow National School, Co Cork, in 1973. She was sexually assaulted by

Hickey when just eight years old and several parents withdrew girl children from the school in 1973 in protest at Hickey’s actions.

Hickey ultimately resigned in January 1974 and was employed the following month at a boys school in Ballincollig, Cork. He continued to teach until his recognition as a teacher was withdrawn after criminal proceedings in the late 1990s. He was jailed for three years in 1998 after pleading guilty to 21 sample charges of indecent assaults on 21 girls.

Ms O’Keeffe secured €53,000 damages from the Criminal Injuries Compensation tribunal over the abuse but was unhappy with the award. Her High Court action against Hickey and the State were heard by Mr Justice Eamon De Valera in 2004 with judgment delivered in 2006.

Damages against Hickey were assessed at €305,104 but the judge rejected Ms O’Keeffe’s claim against the State and awarded costs against her. Hickey was unable to pay the award in full and is required to make monthly payments to Ms O’Keeffe for the rest of his life.