A former school chaplain and the secondary school he taught at have been ordered to pay legal costs estimated at €750,000 after the High Court found he had sexually abused a female student.
During the 34-day hearing the woman, who is now in her 20s, gave evidence that she was abused and subjected to sexualised behaviour by the chaplain, who taught at her school between 2005 and 2007. She said that during a school trip to Gambia, when she was 16, he invited her and another student to sleep in his bed with him. He first kissed her after she turned 17. They went on to have oral sex about 35 times, including on a youth trip to see the pope in Germany; in the chaplain’s school office, bedroom and car; and in the school oratory, she said.
Aggravated damages
In a judgment last October Mr Justice Robert Eagar found the former chaplain physically and sexually assaulted, falsely imprisoned and sexually abused the woman, who was in transition year when the abuse began. He accepted on the balance of probabilities that she had proved her case and preferred her evidence to the chaplain’s. He said some undisputed evidence, including that the girl and chaplain shared a bed during the trip to Gambia, and some medical evidence, supported her case.
He found the chaplain liable for the abuse and the school vicariously liable, as its failure to adequately monitor the chaplain’s behaviour had allowed an inappropriate relationship to become an abusive relationship.
The court ordered the former priest and the school to pay the woman €210,000 in damages, including €10,000 in aggravated damages.
It dismissed an additional vicarious-liability claim against the local bishop, as the Catholic Church had not directly employed the man as a school chaplain or teacher.
Church not liable
After a further hearing on liability, Mr Justice Eagar on Friday awarded costs to the woman against the man and the school. He ruled the bishop was entitled to costs against the woman, as the church had not been vicariously liable, and ordered them to be paid from the costs due to the woman from the former chaplain and the school.
Lawyers for the man and the school told the judge they believe they have substantial grounds to appeal his findings, the damages and the costs orders, and sought a stay pending appeal.
Lawyers for the bishop said it was “noteworthy” there was no reference to any appeal against the dismissal of vicarious liability and said their side should get their costs.
Jack Fitzgerald SC, for the woman, disputed that there were substantial grounds for appeal, said the damages were not excessive, and opposed the stay application.
The judge refused to grant a stay on any of his orders pending appeal but indicated a stay could be sought from the Court of Appeal.
