Names to be published as part of Christian Brothers abuse case, orders High Court
High Court reporters
The High Court has granted permission for the publication in a national newspaper of the names of more than 300 former Christian Brothers who are now co-defendants accused of a breach of duty in a civil abuse claim.
The court heard that none of those to be named are accused of abuse, but their names are to be published in the hope that they will come forward.
The Civil case was before Ms Justice Mary Rose Gearty on Wednesday, brought by a plaintiff who was abused by Christian Brother Liam Coughlan (90) while the victim attended school in Co Kilkenny in the 1970s.
In 2023, Coughlan, of Pine Grove, Tramore, Co Waterford, received two jail terms, of three years and two months and four-and-a-half years, for 49 counts of indecent assault.
The High Court has previously criticised the now-head of the Christian Brothers, David Gibson, for an “obstructive” approach towards civil lawsuits alleging abuse.
As an unincorporated association, the Christian Brothers cannot be sued if it does not provide a 'nominee'. Brother Gibson has refused to act as a nominee for the congregation, leaving litigants needing to bring legal action against individual members or former members of the order.
The case has been taken by the male survivor of abuse, who cannot be named, against Coughlan as the first named defendant and against Brother Gibson, who is the second named defendant.
Ms Justice Gearty on Wednesday granted permission for the plaintiff's lawyers to publish in the Irish Independent the names of 341 individuals, who are now co-defendants in the case but who are not accused of any assaults. The motion was brought on behalf of the plaintiff by Andrew Nugent BL, instructed by Philip Treacy, of Coleman Legal.
The 341 former brothers are accused of a breach of duty towards the plaintiff during their time at the congregation.
The court has been told that Brother Gibson had provided names and contact information for current brothers, but no addresses were available for those who had left the order. He did provide their names.
Having granted permission for the publication, Ms Justice Gearty adjourned the matter to November.
