Judge criticised Christian Brothers as former Portarlington principal sentenced


The judge said the Christian Brother’s approach to civil claims stuck him as ‘morally bankrupt’
Prior to the publication of the names of hundreds Christian Brothers in a national newspaper this week, a judge sitting in Portlaoise had criticised the order for the ‘grossly unfair’ manner in which they were dealing with civil claims by victims of abuse.
President of the Circuit Court, Mr Justice Kennan Johnson, made the comments as he sentenced terminally ill former Christian Brother Liam Coughlan(90) for abusing nine schoolboys, then aged between 11 and 13, at St Patrick’s Christian Brother’s Primary School in Portarlington between 1982 and 1990.
As he handed down a five year sentence at Portlaoise Circuit Court on July 24 last, Judge Johnson said the the former school principal who had accepted the verdict but initially denied the charges would likely die in prison due to his ill health and age.
According to recent news reports, the names of 341 Christian Brothers were published in a national newspaper because the Christian Brothers did not provide a nominee in relation to a claim brought by one of Liam Coughlan’s victims at another school in Kilkenny. It is reportedly not alleged that the men who were named had anything to do with the crimes but their names were all published as no individual had been nominated by the Christian Brothers in relation to the civil claim, all members at the time of the abuse had to be summoned.
While sentencing Liam Coughlan last month in Portlaoise, Judge Johnson said: “By his actions the accused has besmirched the reputation of the entire Christian Brother community, which does a gross dis-service to the very many dedicated brothers who devoted their lives to giving a good all rounded education to their students.”
“The reputation of the Christian Brothers has been further damaged by the failure of the congregation to designate a nominee to accept service of civil proceedings brought by victims of abuse. That approach has the effect of frustrating the claims of victims as proceedings have to be served on each individual member and former member of the congregation which is a monumental task that appears to have been adopted to protect the assets of the congregation and wear down claimants through attrition. That approach strikes me as morally bankrupt and grossly unfair not only to victims but also to the many many brothers who are totally innocent and blameless of any wrong doing,” said Judge Johnson.
He said he didn’t blame Coughlan or hold him accountable for the approach taken by the Christian Brothers.
“I merely mention it, because it is so unfair to victims and in this case the courts have nine victims to consider,” he said.
Mr Justice Johnson commended the nine victims who had each given evidence of the abuse they had suffered at the hands of the former Christian Brother.
“Each of the complainants deserve great credit for having the strength of character to make the complaints to the guards against the accused and to see the criminal process through to its conclusion. That was not an easy course to take and in doing this they have not only vindicated themselves but also provided a pathway for other victims of sexual abuse. Their voices have now been heard and they can take pride in the strength of character and resilience that each of them has displayed,” he said.
