Judge ponders whether head of Christian Brothers would have to obey Pope in abuse case

The head of the Christian Brothers, David Gibson, could have prevented difficulties for former students who were sexually abused, and some of the organisation’s own older members, if he would put himself forward as a nominee in a civil case against the order, a High Court judge has said.

Judge Mary Rose Gearty said she did not know enough about canon law to know whether Gibson would be duty bound to obey what he was asked to do by the Pope.

While the judge said she was not suggesting, at this stage, to “serve the Pope”, she added that she would “not rule it out”. “Mr Gibson is in a better position to know better than anyone in this court,” she said.

Gearty made the comment on Wednesday having previously criticised Gibson for an “obstructive” approach towards civil lawsuits alleging abuse.

As an unincorporated association, the Christian Brothers cannot be directly sued if it does not provide a legal nominee. Gibson has refused to act as a nominee for the congregation, leaving litigants to bring legal action against all individual members or former members of the order.

Difficulties have arisen because although the order has provided names of its former members, the litigants have been unable to find addresses for some of them.

As a result, the High Court previously granted permission for the names of more than 300 members, or former members, to be published in a national newspaper in the hope they would come forward. Those members are not accused of any acts of abuse but are now co-defendants accused of a breach of duty in a civil sexual abuse claim.

Barrister Andrew Nugent successfully argued to join a raft of further defendants to proceedings, bringing the total number to 435. All co-defendants were members of the Congregation of the Christian Brothers between July 1st, 1971, and June 30th, 1977.

Nugent said: “The reason this comes before the court is that Mr Gibson declined to act as a nominee himself, so what we are now obliged to do is to sue everybody involved who was a member of the Christian Brothers during that time period.”

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As it was “unlikely” Gibson could assist in locating the former members, he said, “what we did was to ask for an order to serve former members in the Irish Independent”.

In granting the application, the judge said she would also agree to the serving of an additional warning letter to all members named by Gibson to be sent to the Christian Brothers’ European headquarters in Marino, Dublin.

She said it was “very difficult” for plaintiffs taking “extraordinary steps” to pursue the case. She expressed concern at the disturbing of “innocent old men”, former members of the Christian Brothers, “who may have a complete defence in these proceedings”.

The judge said all of this could have been avoided if Gibson “would simply allow himself to be nominated in respect of this matter”.

“I don’t know enough about canon law to know whether Mr Gibson would have any duty to obey what he was asked to do by the Pope; I don’t. I am not suggesting, at this stage, to serve the Pope but I am not ruling it out.”

Gearty then adjourned the matter for four weeks.

The case was 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 4½ years, for 49 counts of indecent assault.