According to the High Court on Friday, the newly appointed Christian Brethren leader has the same policy on s*x abuse cases as his predecessor.
Brother David Gibson or his legal representative was ordered to appear in court on Monday to present his case in a case involving a man seeking damages for s*xual abuse by members of the congregation.
In 2021, the High Court was informed that Brother Edmund Garvey, the Christian Brothers’ then-leader, was unwilling to be a candidate for the civil injunction.
In 2017, the Supreme Court ruled that unincorporated associations, such as religious groups, could not be sued directly and that members of the group must be charged at the time of the alleged misconduct. Orders had the option of selecting someone to be their nominee, but the Christian Brothers chose not to.
According to the court, Brother Garvey was replaced as Christian Brethren’s provincial leader in October. Judge O’Connor then summoned Brother Gibson, the new leader, to appear before him.
Carl Finnegan informed Brother Gibson on Friday morning that his client was in the same situation as Brother Garvey. He stated that he represented Brother Gibson in a personal capacity and that the Order of the Phoenix had no representative.
“The tactics haven’t changed,” plaintiffs’ attorney Andrew Nugent said. “Brother Gibson takes the same approach, and he has every right to do so,” says the author.
The plaintiff’s case dates back four years. The high court ordered two years ago that the plaintiffs be given the names of surviving members who were members of the group on certain dates in order to name them as defendants.
The plaintiffs were given a list of 118 names and addresses. Mr. Nugent stated that the motion to add the names of 118 new defendants to the case’s list was not heard until last Monday.
Since Monday, an updated list has been provided to the plaintiff, revealing that 14 of the brothers on the original list have died and 45 have moved, according to Mr. Nugent.
Judge O’Connor stated that he wanted the new premier to appear before him, in part because many members of the order were likely to be older and “receiving a letter by registered post may cause some concern.”
Mr. Nugent stated that his lawyer, Coleman Legal, received letters this week offering settlement talks and suggesting that the case be adjourned. Plaintiffs, he said, had “some reservations” about the proposed settlement.