Teacher asks court to dismiss actions

A PRIMARY school teacher who was acquitted some years ago of sexually abusing a number of special needs pupils has asked the …

A PRIMARY school teacher who was acquitted some years ago of sexually abusing a number of special needs pupils has asked the High Court to make orders dismissing civil actions for damages brought against him by the children’s parents.

The teacher, who cannot be named for legal reasons, contends the delay by five families in advancing their actions has severely prejudiced him both in his personal and professional life. He remains suspended from his job more than 10 years after the allegations were made, the court was told.

The teacher was acquitted of sex abuse charges in November 2002 after a 17-day trial. He was prosecuted arising from complaints made against him in 1997.

Yesterday, Peter Finlay SC, for the teacher, said his client’s career and profession had been severely undermined despite his acquittal. He had to incur severe financial expense in dealing with the claims and he, his wife and children have been caused severe trauma.

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There were originally 36 personal injury actions brought in 2001 by parents against the teacher, the school, the health board and the State. In 2003, 19 of these were struck out by the Master of the High Court for want of prosecution.

Another eight actions were discontinued that same year and five families were involved in the remaining nine actions, Mr Finlay said.

He said solicitors for the outstanding claimants had failed to expeditiously progress their cases and were guilty of inordinate and inexcusable delay. The parents involved were fully aware of the abuse allegations in 1997 and 1998 and there was no excusable reason for the delay in bringing their actions, counsel said.

The parents’ lawyers had a watching brief during his criminal trial in 2002, which heard evidence on the teacher’s behalf from a number of colleagues, and this did not hinder the progress of their civil claim, counsel said.

The hearing continues.