The High Court has cleared the way for a woman to sue the Bishop of the Roman Catholic Diocese of Achonry, alleging vicarious liability over alleged physical and sexual abuse of her by a now deceased former chaplain at Benada Abbey industrial school in Co Sligo.
The woman alleges the bishop and the diocese are vicariously liable for the alleged abuse inflicted on her by the chaplain, Fr Liam Cawley, in the years after 1977 when she left Benada Abbey.
She has received an award from the Residential Institutions Redress Board for abuse allegedly suffered at the hands of Fr Cawley while she attended the school between 1971 and 1977. As a result of that award, she waived her right of action against St Francis Xavier Industrial School, Ballaghaderreen; Benada Abbey and the State.
The alleged abuse continued after she left Benada Abbey, the woman claims, and her High Court claim against the bishop and diocese relates to the period after 1977 only. The woman alleges that, such was the dominion exercised over her by Fr Cawley, the abuse continued, despite her protests, after she left the school and was living in Dublin.
The woman claims her protests resulted in her being beaten, harassed and threatened by Fr Cawley and those actions continued until 1981 when she became pregnant. It was only then the abuse ceased, she claims.
By that time, the woman claims she was suicidal and was admitted as an inpatient to a psychiatric hospital where she was diagnosed as being suicidal and suffering from depression. She had a number of other admissions between 1981 and 1983.
In his judgment granting the woman's appeal against the refusal of the Master of the High Court to extend the time for delivery of her claim on the Bishop of Achonry, Mr Justice Michael Peart noted Fr Cawley was personally served with a summons in August 2004 following efforts to do so from 2002.
No appearance was entered by Fr Cawley and the woman ultimately obtained judgment against him in default of appearance. Fr Cawley had died in recent times, he also noted.
The Bishop of Achonry had contended the delay of four and a half years in making the application to extend the time for delivery of the claim on him was inordinate and inexcusable.
He had said the first notification of the allegations being made against Fr Cawley was received by him in May 2002, almost a year after the proceedings had been initiated. He also argued it was not proper that he be joined to the action and denied any liability for Fr Cawley's actions.
Mr Justice Peart said he was satisfied the delay by the woman in applying for more time to deliver her claim was inordinate. However, he ruled, the delay was excusable in light of the woman's "fragile" state of mind during 2003 and 2004 relating to the processing of her claim before the redress board.
He was also satisfied the bishop's defence was not prejudiced by the absence of Fr Cawley as a witness.