High Court to consider publishing names of 340 former Christian Brothers

High Court Reporters

The High Court will decide next week whether it will allow the media to publish the names of about 340 former Christian Brothers in the hope they come forward over their time in the order in the 1970s and 1980s, as part of a case taken by an abuse survivor.

The case came before Judge Mary Rose Gearty on Wednesday from a plaintiff who was abused by Brother Liam Coughlan (90) while attending 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 allegedly “obstructive” approach towards 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.

The plaintiff is seeking an order compelling the release of information that would assist his lawyers to locate former brothers as part of his civil claims for damages.

The court heard today that Brother Gibson had provided names and contact information for current brothers but no addresses are available for those who have left the order.

Brother Gibson has submitted, through lawyers, that he does not have addresses or contact details for those who have left the congregation. He did provide their names.

Andrew Nugent, for the victim, instructed by solicitor Philip Treacy of Coleman Legal, said Brother Gibson was in the best position to locate the former members or furnish their contact details.

"The difficulty is that without Brother Gibson's assistance we have no way of locating these persons," said Mr Nugent.

Isabelle Aylmer, for Brother Gibson, said there was no database held by the Christian Brothers regarding those who left the congregation in the 1970s and 1980s. She added that if the court made a formal order, they would make "every endeavour" to comply.

Nugent said Brother Gibson "may have some other means to communicate with these people - and we couldn't possibly know what records are held".

Judge Gearty made an order for Brother Gibson to use his powers of procurement to gather email addresses, phone numbers and addresses regarding the former Christian Brothers members and adjourned the matter to next week for a sub-service application for newspaper advertisements calling for people to come forward.