A young woman who was subjected to "sustained, savage and brutal" physical and sexual assaults by her father when she was a child has begun a High Court action for damages against her local health board and the family doctor.
Ms Sophia McColgan and other members of her family endured "a living hell" at the hands of their father, Joseph, while their mother was "beaten into silence", the court was told yesterday. Ms McColgan (27), of Ridgepool village, Castlebar, Co Mayo, is suing the North Western Health Board and Dr Desmond Moran, Stephen Street, Sligo, stated to be the family doctor.
Mr Justice Johnson was told proceedings had been taken by Ms McColgan, her brothers, Gerard and Keith, and sister Michelle, all formerly of Ballinacarrow, Bally mote, Co Sligo. Their father, Joseph McColgan, is serving a 12year sentence after pleading guilty to 26 token charges.
Mr James Nugent SC for Ms McColgan said she worked as a laboratory technician and had a son. The second of six children, she, her elder brother Gerard and younger sister Michelle, were born in England and sent to live in Sligo with her maternal grandparents. For the first few years of their lives, the children had a balanced and happy existence but from the time their parents came home from England, their lives turned into "a living hell".
In July 1979, when Sophia was nine, she was brought by her mother and grandmother to Dr Doreen Dunleavy, who sent her to Sligo hospital and identified her as having been physically abused by her father. Sophia and her mother told people in the hospital the injuries were inflicted by her father and that he was also abusive to Gerard and Michelle. The authorities "seemed to hold case conferences" and kept Sophia in hospital until the end of August 1979 when she was sent home.
Sophia and her mother were then subjected to "horrendous" abuse which had the effect of silencing her for a long time. In October 1979, Gerard was brought to Dr Dunleavy, who wrote to the hospital saying he was a clear victim of child-battering. More case conferences were held, there was concern but little was done. The hospital authorities apparently wrote to a child-guidance clinic in Dublin and a doctor said the entire family should be interviewed. Mr McColgan did not agree to that and the idea was dropped. Instead, there was another case conference in January 1980.
Mr Nugent said Dr Moran had a low opinion of Gerard, then 11, and had described him as manipulative. The doctor said he would deal with the problem and the health board left it to him and the public nurse. In February 1980, 1,000 copies of Department guidelines on child abuse were sent to the North Western Health Board alone.
Dr Moran threatened to send Gerard for electro-convulsive therapy if he did not stop making allegations against his father. "The unfortunate Mrs McColgan was literally beaten out of the picture. She said whatever her husband wanted her to say, she just opted out." In July 1981, Gerard told the hospital his father had broken his arm with the handle of a shovel. Proceedings were taken against him but these "evaporated". At a school retreat in June 1983, Gerard broke down and told a priest he could not take it any more. The priest contacted social workers and teachers.
On June 4th, Gerard ran away to a teacher's house. Only then was something done. He was taken into care in Geevagh House, Sligo, where he told of the abuse which had been meted out to him and Sophia. It was suggested that Sophia should be examined. Dr Moran suggested this to the mother, and she told the father who refused. Again, nothing was done. While in care, Gerard had home visits but even on those he was sexually abused. Mr Nugent said when Gerard had run away, the social worker had brought him to Dr Moran, who said Gerard had made those allegations before but he had dealt with them.
Dr Moran's solution, as given at a case conference on Gerard, was that he should be given "no soft alternative and what he needed was hard discipline". The boy withdrew his allegations of sex abuse on November 1st but later said he was forced by his father to do so. Gerard remained in care for the rest of 1983.
Ms Valentine O'Kelly, a social worker reviewing the case in April 1984, wrote: "It is my opinion that I am dealing with a very pathological family. The degree of abuse, both physical and sexual, is at an extraordinary level. The defensiveness, introversion, manipulation, over-protectiveness and collusion in this family is at an exceedingly high level.
"Abuse is the norm. Mrs McColgan has adapted to it and chosen to collude with her husband in his violence and possibly sexual violence to the detriment of the children.
"Gerard has chosen to collude with sexual abuse as the price he must pay to be at home. The other children, particularly the girls, appear frightened and unusually quiet like the mother. The middle boy, Keith, appears aggressive and has been the victim of some of the violence meted by father.
"I have formed a professional opinion that he is an extremely sick man. He is extremely disordered in his thinking, has low intelligence, can only cope if he dominates each situation and manipulates everyone in his path.
"From the description that Gerard has given me about his sexual activities with Gerard and Sophia, I considered him to be seriously perverted sexually. In writing this report, I am aware of how strongly I feel about this case. I am also aware of the very slight possibility that I could be wrong in my estimation. Only time and subsequent events will determine that.
" My only answer to that criticism or possibility is that if I am making a mistake, I am making it in the best interests of these children as I see it."
Mr Nugent said Gerard left care, went to live with his grandparents and, on reaching 16, went to England. "Sophia, Michelle and Keith were left and the abuse went on and on and on, year in and year out. Not a finger was raised to help them by the health board or by Dr Moran." As Sophia grew older and resisted her father, Michelle and Keith came into "the firing line". Sophia finally left home in 1991.
In 1993, after he was dissatisfied with some sexual activity with Michelle, he ran her down with his motor bike and injured her back. On a friend's advice, she did not go to Dr Moran but to an other doctor who immediately contacted the gardai and social workers. Events moved quickly and the father was charged and brought to trial.
The board has denied negligence, denied that Sophia suffered any injury and if she did, it was not the result of any activities or lack of activities by health board personnel. It claimed the damage, if suffered, was caused by third parties and there was "contributory negligence" on the part of Sophia. It did not admit, notwithstanding that the father pleaded guilty, that Sophia was ever physically assaulted or sexually abused.
Dr Moran has claimed if Sophia did sustain the injuries, this was not caused by any negligence or breach of duty by him. It was claimed Sophia was guilty of contributory negligence in that she did not tell her mother or failed to inform Dr Moran or the gardai.
Mr Nugent said Mr Justice Johnson might be surprised that he was not requesting the court to ask the media to shield the names from the public. This case was part of the healing process. It was adjourned to Tuesday.