Ireland Comes To Terms With Coach Abuse
2008-02-09
Craig Lord
The 13 female swimmers who were victims of Derry O'Rourke, the Irish coach convicted of sex abuse, has ended in six-figure settlements for 12 of the victims and compensation for the 13th swimmer

The 10-year battle for compensation by 13 female swimmers who were victims of Derry O'Rourke, the Irish coach convicted of sex abuse, has ended in a settlement for substantial damages against Swim Ireland and the private Dublin school that employed O'Rourke as a swim coach.

King's Hospital School, Palmerstown, Co Dublin and Swim Ireland, will pay 12 of the victims six-figure sums of compensation each under the terms of the settlement. Costs against King's Hospital school have also been awarded. The 13th victim's settlement was a smaller sum in the agreement heard before Mr Justice Eamon De Valera.

Dave Coleman, of Lavelle Coleman solicitors, solicitor for the 13, said his clients were satisfied with the outcome and he paid tribute to their fortitude and patience. They had, he said, been 'very brave'. They had been between 10 and 17 when the abuse occurred.

The first claim for damages was initiated in 1998 and the last claim was made in 2001. In separate proceedings, the 13 had sued the Irish Amateur Swimming Association Ltd (now Swim Ireland); King's Hospital school, and O'Rourke over assaults that dated back to the period 1970 to 1994.

O'Rourke, National Swimming Coach with the IASA at the time of the assaults and also Director of Swimming with King's Hospital school swimming club, entered no defence in the case and judgment in default of defence was entered against him in 2007.

Swim Ireland had denied the claims and also contended they had been brought outside the legal time limits. In their proceedings against Kings Hospital school, the 13 women claimed the school was vicariously liable for the actions of O'Rourke and also claimed it was negligent and in breach of its duty in relation to O'Rourke. They claimed O'Rourke was employed by the school as its swimming coach and pool manager but that he was allowed remain in those posts despite complaints being made about him to the school on several occasions from 1973.

O'Rourke, who once trained Michelle Smith, was sentenced to 12 years in prison in January 1998, after admitting 29 charges of sex abuse against schoolgirls. There were no allegations of impropriety in his dealings with Smith, who in the same month as O'Rourke was jailed provided a urine sample to anti-doping testers that would lead to her own fall from grace on the grounds of manipulating a test sample.

Swim Ireland welcomed the settlement, stating: 'All these victims suffered significant individual trauma and personal injury. We hope today's outcome will help them to finally close the chapter on these painful events from their past lives. Dealing with the fact that child sexual abuse occurred in swimming has been difficult for everyone involved in swimming and Swim Ireland has worked very hard to ensure that all children who participate in aquatic sports can do so safely in the future. We would like to recognise the role of the many volunteers and parents who have maintained a steadfast commitment to the organisation and to the promotion of swimming in Ireland throughout this period.'