A settlement may be announced in the High Court today in an action taken by a Co Sligo woman, Ms Sophia McColgan, who was physically and sexually abused by her father. Ms McColgan is suing the North Western Health Board and Dr Desmond Moran, of Stephen Street, Sligo, for damages for alleged negligence and breach of the duty of care. The defendants deny the claims.
Settlement talks took place yesterday between lawyers after the conclusion of the 13th day of the hearing. Three other members of the McColgan family, including Sophia's brother, Gerard, have taken separate proceedings.
The hearing has heard that all the McColgan children were severely abused by their father, Joseph McColgan, over a prolonged period. He is serving a 12year sentence.
Yesterday's hearing heard that Mrs Patsy McColgan, the children's mother, spoke in July 1979 of getting a separation and putting her children into care. According to a health board file on the McColgan family, covering 1979-84, Mrs McColgan made the comments after Sophia, then 10, was admitted to hospital with nose injuries. The child said the injuries were caused by her father.
Ms Edna Keon, a NWHB social worker, who wrote a narrative report based on the board's 19791984 McColgan files, said a case report by an NWHB social worker, Ms Deirdre Taheny, was among the documents on which her summary was based. She said Ms Taheny wrote that Mrs McColgan had been advised to take out a barring order.
The next entry in the NWHB file related to July 27th, 1979, when Mr McColgan said no one had asked him for an explanation for Sophia's nose injuries. He had alleged Sophia had tripped. The court was told about a social report from Ms Taheny on Mr McColgan, dated July 27th, 1979, in which she spoke of great tension between him and his in-laws.
On August 11th, 1979, a case conference was held on Ms Sophia McColgan. It was told her story about her father causing her nose injuries was consistent with her injuries. It was told Mrs McColgan wanted her children taken into care. Ms Keon said the conference agreed there was no sound legal basis for this on the basis of what was before it.
Ms Keon said there were also notes of another case conference in November 1989, about Gerard McColgan, then aged 10. Dr Moran told that conference he found Mr McColgan to be an authoritarian man with a low IQ.
Ms Keon said there was a November 2nd, 1979, note on the file in which Garda O'Brien expressed his belief that Mr McColgan was a dangerous character. It was explained to gardai that no legal action was being contemplated against Mr McColgan because the evidence was not considered strong enough.
There was a November 9th, 1979, note from Ms Taheny, indicating that Mr McColgan tended to unduly influence his wife to the detriment of their children. Ms Keon said no further records appeared from November 1979 to August 1981. A note on August 24th, 1981, said Sgt O'Brien had said Gerard McColgan had indicated his father had broken his arm with a shovel.
On October 25th, 1981, Ms Taheny had written that Mr McColgan had told her she had no right to call to his house in future. A note on the file stated that Dr Maura May, a clinical psychologist, had interviewed Gerard on October 31st, 1981. He was found to be an amenable, chatty child.
When the court adjourned for lunch, lawyers maintained continuous contact. When it resumed, Ms Keon referred to another note by a social worker, Ms Cathy Hynes, in which she wrote that Sgt O'Brien had said Gerard had indicated his father would break his other arm if he told what happened to him.