The Shame of Ireland

The Shame of Ireland

Man sent to industrial school as boy for stealing food and coin wins Supreme Court case

Man sought redress over abuse by named Brothers in 1960s

Thu, Dec 6, 2018, 13:45

Mary Carolan 

 

The man was in the an industrial school between 1962 and 1964 

A man who was aged 12 when sent by a court to an industrial school for two years over stealing some food and a one crown coin from a neighbour’s house has won an important Supreme Court appeal over a refusal to consider his redress application.

He sought redress over being allegedly severely physically and sexually abused by named Brothers at the school between late 1962 and April 1964. He said this adversely impacted on him as an adult and he had periods of imprisonment and suffered from sexual dysfunction which lead to the breakdown of his first marriage.

He did not apply for redress within the three-year period before September 2005 required under the Residential Institutions Redress Act 2002. When he applied in 2008, the Residential Institutions Redress Board refused that over delay.

He got new solicitors and applied again in late 2010, supported by reports from a consultant psychiatrist which explained he used repression so as to cope with his memories of his time in care. The Board granted an oral hearing in November 2011 and the man, his wife and a psychiatrist gave evidence.

In January 2012, the Board refused the second redress application after finding there were no “exceptional” circumstances within the meaning of Section 8.2 of the 2002 Act that allowed it exercise its discretion under the Act to extend time.

He went to the High Court in 2016 which ruled he had not shown “good and sufficient reason”, within the meaning of order 84 of the superior court rules, for his delay in seeking judicial review entitling him to an extension of time for such review. He appealed and, by a three to two majority on Thursday, the Supreme Court ruled in his favour.

The appeal centred on the meaning of “good and sufficient reason” in order 84; interpretation of Section 8.2 and the nature of the test to be applied by the Board in deciding if exceptional circumstances exist to extend time. Ms Justice Mary Finlay Geoghegan, with whom Mr Justice John MacMenamin and Ms Justice Iseult O’Malley agreed, found the man had established good and sufficient reason to extend time for judicial review and that his delay in seeking judicial review within the stipulated three month period was due to factors outside his control.

The Board had said, if the man won his appeal, it would reconsider his redress application without need for judicial review and the matter will now be reheard by it. Mr Justice Donal O’Donnell and Ms Justice Mary Irvine disagreed the man was entitled to extension of time for judicial review. In the majority decision, Ms Justice Finlay Geoghegan concluded the High Court was wrong in principle in deciding it could not, when considering whether to extend time for judicial review, take into account a 2016 judgment of the Court of Appeal, McE v the Redress Board.

The McE judgment reversed another refusal by the Board to extend time after disagreeing with the Board about what constitutes “exceptional” circumstances in Section 8.2.

The COA said that term should be construed as “widely and liberally as can fairly be done” because the Act is remedial. Ms Justice Finlay Geoghegan held the McE decision applies, in principle, retrospectively to all persons who, before that judgment, suffered the same or similar wrong as McE.

On all the facts and circumstances, including the change in construction of Section 8.2 as a result of McE, the man has shown good and sufficient reasons for extending time to seek judicial review, she held. Those reasons included being legally advised in 2012, based on then court decisions concerning redress, a judicial review would not succeed. The man was of limited means and said the prospect of having costs awarded against him was “frightening”. It was also not disputed he was in the industrial school between 1962 and 1964, had identified those who allegedly abused him and the 2002 Act established a no fault redress scheme intended to compensate persons like him.

Source - https://www.irishtimes.com/news/crime-and-law/courts/high-court/man...

See also - They Said that Applications to the Redress Board are CLOSED! This i...

 

Views: 105

Comment by robert on December 14, 2018 at 17:34

WOW  WELL DONETO THE MAN SADLY MANY HAVE NO IDEA ON HOW THEY ENDED UP IN THESE INSTITUTIONS AND MANY KNOW BUT LIKE ME HAD NO IDEA HOW SERIOUS THEIR CASES WERE 

Comment by Barbie on December 15, 2018 at 11:11

They are a bunch of scum bags, the religious orders, state and all that go with them! Unfortunately, I thank at this stage we will never be free as they are still controlling everything.

Comment by Geraldine Jackson on April 10, 2019 at 11:20

Hello,Robert, Myself and my 5 Siblings,Both Parents lived in our own House ,my Fathers sister ran the Farm shop next dooras she owned a Farm a few miles away  we also owned and ran the Taxi service that drove people all over Ireland we had many Cousins,Uncles and Aunts all in the Area  my older sister was at school there with some cousins her age they were all friends as well as Cousins often our Mum would take us by Train to Dublin to visit our Grandparents her parents our Grandfather who fought at Dardanelle and the Somme who wittnesed his own brother been Gas'd and another was blown up among many of his friends he was suffering from PTSD and never got help for that and sadly died from his injuries he was the love of my Grannys Life she adored him so just after Christmas our Father was away often working  he was twice our Mum's age might be why  our Mum fell in love with a neighbour who was her age they ran off together but we were never alone our Aunt and Uncl Mums siblings still lived at home with Granny they were older than us ,But some nosey Religious Freeks complained to the locial Priest who informed the Garda next thing my Grannys house was full of Garda. One Bully of a Priest,and many Neighbours some holding brown paper bags with goodies in for us some been ignorant saying O the Poor Children abandoned > Well we were not abandoned at all, we still had our home in the countryside as well as Granny's the Garda told us to get outside into a car the Priest looked at us with Hate in his eye saying It's the Protestant in them  Jackson is a protestant name a filthy name ( a name that stuck which caused horrible bullying from the Nun's and other children in the Industrial Hell Hole) so we 4 siblings were driven to the Four Courts a criminal court my 3 younger siblings were just babies and I was 7 years old there was nothing anyone could do about it my Granny was crying but everyone was scared of the Religious State and dare not say a word against them there were 3 Judges I could see under their bench I was so small and remember the fat legs of one woman Judge ,my baby brother was screaming he wanted his bottle we were all sentenced to be detained in Industrial School's charged with been destitute ?? how the wicked judges worked that one out it was Pure Child Kidnapping as we got outside the Court room Our Father was there fighting with the Garda who wouldn't let him near us Dad was crying but was held back other Garda took my baby Brothers and drove them down to an Industrial Reformatory down in the Countryside , we were seperated which resulted we would never again all be siblings again ,never get together in our lifetome for the Damage the Sadists caused each of us in those Sadistic Child Slave Camps was beyond Human myself and beautiful baby Sister were driven to St Vincents Goldenbridge Reformatory Industrial School ,I still carry photo copiesin my Brain of shocking abuses carried out by the Nun's and Staff , I have a deep hatred for all religions except Budism ,I feel hatred toward Nun's and the Vatican where the so called religious Vermin live ,None of us Survivors were compensated we carried out Slave work's and made the State Billions the so called Redress was a Total Con engeneered to pay their friends to sit on a board and laugh all the way to their banks for they think they are all so Clever having Robbed vulnerable Survivors I would love to see a photo of all their faces and who they were I expect they were all friends of Politicians and bent Lawyers, If there is such a thing as a Devil well the Nuns are his Brides, and the rest are his evil children who will be waiting to meet them when they Die,So they will get their comeupence sooner or later, they pass on that Dark sadistic Greed to their own childre which will cause sickness like Cancers ,and to think so many of my ancesters and my Grandfathers generation fought for Ireland a couple of their surnames are well known in the History of Ireland,  My own Children have Never been to Ireland nor my Grandchildren. My Grandson asked if he can play for Ireland since he found out I am Irish he is a Brilliant SportsYoung Man ,they are all professionals in different fields, Ireland has lost so many of her own because of the Hard nosed Policitians who run the State, The Recent lot couldn't give a fiddlers fart about the past or the Abuses and Murder of Irelands children for they happley  invited anyone from abroad  to replace the Irish .the New Religion is Pc and Diversity, to take the place of the Irish who were forced to leave . 

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