Bill Kenneally victims to receive compensation after State apology
By Cillian Sherlock, Press Association
Victims of Bill Kenneally are to receive compensation for the abuse they suffered, the Minister for Justice said, after the Taoiseach apologised “unreservedly” for a State “dereliction of duty”.
Kenneally, formerly of Summerville Avenue, Waterford city, died last month while serving a prison term after pleading guilty to 10 sample counts of indecently assaulting 10 boys at various locations in Waterford in the 1980s.
A Commission of Investigation, chaired by retired judge Michael White, examined the response of gardaí, Basketball Ireland, politicians and members of the Catholic Church to allegations of sexual abuse made against the former Waterford basketball coach.
It states his activities became known in Waterford to two senior Garda officers as well as a retired politician and senior clergyman in the late 1980s – with one complainant saying he raised the matter with gardaí when he was 14 as early as 1985.
But Kenneally was not brought to justice prior to a formal complaint by Jason Clancy in December 2012.
Survivors have emphasised how earlier intervention could have prevented several victims from being abused.
The commission found a “clear and serious dereliction of duty” over An Garda Síochána’s handling of Kenneally.
We must acknowledge the failings that led to these awful outcomes, in recognition of the horrific experiences, the bravery of his victims, and also to ensure that it can never happen again
Micheál Martin delivered a State apology to victims of the “predator” on Tuesday, some of whom were in the distinguished visitors section of the Dáil chamber.
Mr Martin said the Commission of Investigation report into his crimes was “harrowing”, adding: “It tells a story of betrayal, manipulation, abuse, failure and pain.”
He said Kenneally was a “predator” who abused “generations” of young boys in Waterford.
Noting that details of his activities becoming known to gardaí and others in 1987 did not stop the sexual abuse, the Taoiseach said there should have been a much more active response.
He referenced the report’s finding of failure on behalf of acting chief superintendent Cashman, and “to a lesser extent” acting superintendent PJ Hayes after December 1987, to conduct a proper investigation into the activities of Kenneally, was a “clear and serious dereliction of duty even by the standards of the time”.
Mr Martin told the Dáil: “This has been a major failing of an organ of the State that cannot be downplayed.
“No words from Government can make up for the theft of childhood from so many young boys, for the appalling abuse they suffered, and the enormous trauma they have experienced in their lives as a result.
“But we must acknowledge the failings that led to these awful outcomes, in recognition of the horrific experiences, the bravery of his victims, and also to ensure that it can never happen again.”
Kenneally gave evidence to the commission and said he told two senior gardaí in the boardroom of a Garda station on December 30th, 1987 “what I was doing”.
The exact (compensation) details will be worked out with engagement from the victims themselves. But on a personal level, I do not want to see those of you that have been through so much put through any further lengthy legal processes
The report compiled by Mr White was brought to Cabinet by Justice Minister Jim O’Callaghan in early June, with Kenneally dying a week later.
It said that gardaí had enough evidence to arrest Kenneally on suspicion of false imprisonment and indecent assault by the time this interview took place, and to search his house and car.
At the time, he was in possession of Polaroid images of naked boys in his home and car, the report said.
Kenneally regularly used restraints and alcohol in his abuse and utilised the photos for blackmail purposes.
At the meeting on December 30th, 1987, Kenneally was not cautioned, proper notes were not taken, the investigation was not properly established, and no file was created.
One of the officers also had a conflict of interest as he was “a close friend” of Kenneally’s uncle, Monsignor John Shine, and should have recused himself from the investigation.
Speaking to reporters before the apology, survivors of Kenneally said they had a “feeling of relief”.
Colin Power told reporters: “I think it’s a feeling of relief.
“It’s been a long journey for us over the last 10 years, really, and for our families as well, who are all with us today.
“I think it’s recognition of the journey we’ve been on.”
Mr Clancy said the day was “about getting vindication and getting the State apology and getting closure for all of us”.
Mr O’Callaghan said he had instructed officials in his department to begin the process of securing “compensation for those who have suffered as a result of the failures outlined in the report”.
I think we need to learn lessons from these commissions of investigation. There’s no point in just it’s today’s news and it’s forgotten about tomorrow
He said: “The exact details will be worked out with engagement from the victims themselves.
“But on a personal level, I do not want to see those of you who have been through so much put through any further lengthy legal processes.
“I would like to see a mediated solution that brings much-needed closure to all parties.”
Some of the victims also criticised Fianna Fáil’s handling of the matter in light of information about abuse being known to elected party representatives.
The report states that Kenneally’s uncle, Billy Kenneally Snr, knew in late 1987 that his nephew had sexually abused at least one child.
It adds that Brendan Kenneally, the son of Billy Kenneally Snr, knew in 2001 that Kenneally had seriously sexually abused two boys in the ’80s and ’90s. Both have been TDs and Senators in the party.
Mr Martin had previously said that the report did not implicate the Fianna Fáil party “at all as an organisation” and said there was “no evidence whatsoever” of any conspiracy or “attempt to cover up”.
During the State apology, he said: “I am profoundly sorry that two former public representatives from my party so comprehensively failed to defend and protect young children from their nephew and cousin.”
The Government has also referred a recommendation over the creation of an offence of misconduct in public office to the Law Reform Commission.
Mr Power also said there was a need to “learn lessons” from the Commission of Investigation.
He said: “This has been an eight-and-a-half-year process. If I was on my own, I wouldn’t have been able to get through this without the lads, without Phoenix Law, and family.
“So I think we need to learn lessons from these commissions of investigation.
“There’s no point in just it’s today’s news, and it’s forgotten about tomorrow.
“You know, go forward on the Law Reform Commission, change the law there, but also make the process a bit easier, a bit shorter and a bit more empathetic to victims going forward, or else people won’t go through this.”
