Louise O'Keeffe case starts in European court of justice today

Roscommon John

http://www.irishtimes.com/newspaper/breaking/2013/0306/breaking5.html


A woman who was sexually abused as an eight-year-old by her teacher will today begin her appeal to the European Court of Human Rights against an Irish Supreme Court decision that the State was not legally liable for the abuse she suffered.
Lawyers for mother of two, Louise O'Keeffe from West Cork will present their appeal before the 17 judges of the Grand Chamber of the European Court of Human Rights in Strasbourg this morning with judgment expected to be reserved.

Ms O'Keeffe had sued the Department of Education over abuse she suffered at the hands of teacher Leo Hickey at Dunderrow National School near Innishannon in Co Cork while a pupil there in the early 1970s.

But the High Court in 2006 ruled that it was the board of management of the school rather than the Dept of Education which was liable for damages for the abuse that Ms O'Keeffe had suffered at the hands of Hickey.

Ms O'Keeffe appealed the High Court ruling to the Supreme Court but in 2009, the Supreme Court refused the appeal, ruling that the State could not be held vicariously liable for the sexual assaults on Ms O'Keeffe by Hickey.

Four of the five judges of the Supreme Court noted that Hickey was employed as a teacher at the school under the management of the local Catholic priest and that it was the school manager not the Dept of Education which decides which teacher to employ.

Ms O'Keeffe then instructed her solicitor Ernest Cantillon to lodge appeal papers against the Supreme Court decision and in June 2009 he lodged a detailed submission outlining her arguments for appeal with the European Court of Human Rights.

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I really hope the European court rules in favor of this brave lady.
I believe the state should be held responsible for abuse that occurred in national, primary and secondary schools. The same responsibility they had for industrial schools and the laundries.

I find it pretty hypocritical that the state can prosecute parents through the National Education Welfare Board for not ensuring their child gets a safe and meaningful education as seen here : http://www.independent.ie/irish-news/courts/judge-tells-schoolboy-choose-the-parent-who-goes-to-jail-29111798.html

And yet denies all liability when parents try to prosecute the state for failing to provide a safe education to their children. Ultimately the board of education/the state paid these teachers, set the curriculum and inspected the schools, the Ryan report showed the board of education had known about some of these complaints and failed to act.

I'm no legal eagle, and would be interested in any opinions. Does Louise O'Keeffe stand a good chance, I hope she does.

SB2013

I have no idea what she is basing her case on. She might as well sue you for not doing anything to help her.

Personally I don't think the governement of today should be held accountable for the actions of a pervert 40 years ago. I don't know what point you are trying to make with the other story you linked.

Ashashi

In my opinion it makes more sense, and is consistent, that the board of management is the entity responsible. The state cannot actually monitor every single school.

I wonder why she decided to sue the state and not the board of management?

Manach

Ashashi wrote: »

I wonder why she decided to sue the state and not the board of management?

At a guess, deeper pockets?

CIARAN_BOYLE

Ashashi wrote: »

In my opinion it makes more sense, and is consistent, that the board of management is the entity responsible. The state cannot actually monitor every single school.

I wonder why she decided to sue the state and not the board of management?

Golden Rule of civil law. If there could be multiple people that at fault sue the one with the most money.

McCrack

CIARAN_BOYLE wrote: »

Golden Rule of civil law. If there could be multiple people that at fault sue the one with the most money.

Well you would sue everybody vis a vis O'Byrne letters and the defendants can seek indemnities or contributions off the other defendants as they see appropriate.

To get back to this case we don't know the detail obviously so maybe there is at least a stateable case based on peculiar facts but prima facie I don't have much confidence she will succeed.

Ashashi

It was meant to be an obvious rhetorical question, gotta work on that! This woman suffered enough harm, but I think bringing an expensive suit to the ECtHR most likely looking for a large settlement is a bit much though.