No more residential school cover ups

No more residential school cover ups

Feb 10 2007 Kuper Island residential school survivor Elmer James suffered repeated sexual, physical and emotional abuse as a child at the school. He remembers being given extra treats from the abusers — payment for keeping quiet. You can imagine how a federal gag order preventing him from speaking about his out-of-court settlement with the government must sit. Residential schools are Canada’s greatest shame of the 20th century. They are the greatest shame of the churches that operated them and the governments that sanctioned them. It’s time to stop hiding. The public needs to know how widespread the residential school evils were and what their government is doing to redress them. More importantly, what people like James need most of all is closure. For some, that certainly would be aided by a full accounting of what they went through and an apology from the government and the church. Instead, the government scurries through a series of low-key secret hearings seemingly aimed at taking care of this problem as quickly and quietly as possible. Certainly, not everyone will want to share their experience publicly. But that decision should be theirs to make. After years of hiding his horrific experience, and letting it consume his life, James decided to speak up. In the process, he’s freed his soul, cut the string that tied him to those dark days and brought back his smile. That is an opportunity that should be afforded to anyone and everyone involved.

Child killer becomes a monk

Child killer becomes a monk

Suicidal monk has wrestled with past BY CHRISTOPHER BURBACH WORLD-HERALD STAFF WRITER The Catholic monk who stepped in front of a train Tuesday in Elkhorn had joined the Benedictine order partly to atone for a dark past: He murdered his 3-year-old daughter in 1976. A westbound train passes over the spot where an eastbound train struck a man early Tuesday morning.Tuesday wasn't the first time that Brother Patrick Harris, 63, of St. Gabriel Benedictine Priory in Des Moines tried to kill himself. He made a suicide attempt more than 30 years ago after murdering his child in Minnesota. About 6 a.m. Tuesday, he stepped in front of an eastbound Union Pacific train near Main Street and Railroad Avenue, near downtown Elkhorn. He lay down before the train hit him but was injured as about a dozen train cars passed over him. Harris, who was bleeding from the head, was flown to Creighton University Medical Center in Omaha, where he was being treated in the intensive care unit. A hospital spokeswoman said she could not release his condition. Elkhorn police tried to interview Harris, but he said he did not remember the incident, said Tim Dempsey, Elkhorn police chief. A note found in the car that Harris drove to the tracks indicated that he might have been attempting suicide, Dempsey said. Dempsey did not disclose details of the note or discuss whether there was a connection between Tuesday's events and Harris' past. Harris had been in Omaha for a meeting at Elkhorn's Mount Michael Benedictine Abbey, which is separate from the Mount Michael boys high school. Harris is a monk, not a priest, in the Benedictine order. He lives at the St. Gabriel monastery in Des Moines, which is affiliated with the Elkhorn abbey. Benedictine officials in Des Moines and Omaha praised Harris on Tuesday in prepared statements. They said they were aware of his crime. He disclosed it when he joined the order in Des Moines in 1995. He had repented and served his time in prison, and he poses no threat, said the Rev. Aquinas M. Nichols, prior of St. Gabriel's Priory. "He has served selflessly and admirably during the past 10 years with the poor of the area, and in recent years with the Hispanic community of the Basilica Parish (of St. John) as well," Nichols said. "He is loved and respected by all whom he has served. We pray for him and his family." Nichols' statement said "our judicial system and society at large believes once a convicted person has paid his debt to society he is free to begin life again." Harris was known as Dallas D. Harris before he joined the Benedictine order in the mid-1990s. A New Orleans native, he graduated from Drake University in Des Moines and served in the Army during the Vietnam War, according to a biographical article on the St. Gabriel Web site. He studied at the University of Madrid, became fluent in Spanish and taught English in Spain. The St. Gabriel article says Harris moved to Minneapolis in 1976, where he worked for the Billy Graham evangelical crusade. The article mentions neither his marriage in Europe nor the crime that followed. Harris killed his daughter, Maria Vanessa, on Sept. 23, 1976, in Hinckley, Minn. He had lost an international custody battle with his then-wife, Danielle, who lived in Belgium. Faced with an Iowa court order granting child custody to his wife, Harris drove from central Iowa to Hinckley. According to court records, he told a judge in 1977 that he suffocated the child with a pillow and a towel, and then tried to kill himself so they could be in heaven together. Harris survived smashing his car into a bridge abutment after the slaying. He pleaded guilty to second-degree murder. A Minnesota judge sentenced him in April 1977 to up to 20 years in prison. He served five years and one month in Minnesota prisons before being paroled in May 1982, after receiving a glowing report from a prison caseworker. Among other things, the caseworker wrote: "Mr. Harris is very involved with religion and his religious beliefs are a significant part of his lifestyle. This is not to confuse Mr. Harris' religious beliefs with many of the pathological conversions that are frequently noted in (prisons)." Harris was released from parole in February 1983. He studied for the Lutheran ministry before becoming a Catholic in 1993, according to the St. Gabriel Web site. He entered St. Benedict Monastery in Oxford, Mich., before transferring to Des Moines in 1996 and taking temporary vows in 2001. He took his permanent vows as a monk in 2004 at a Des Moines ceremony led by the Rev. Theodore Wolff of Mount Michael Benedictine Abbey. "He had served his debt to society and had turned his life to Christ," said Bud Synhorst, Mount Michael's executive director of development. "He's never had problems since he has joined the community. They went through their due diligence when they accepted him." Nichols' statement from Des Moines elaborated: "In part, for reparation of what he had done in his past, Brother Patrick decided to do a life of penance and join a monastic community. With the belief in forgiveness from society, our judicial system and our faith, Brother Patrick was allowed to minister under the supervision of, first, the Society of St. John, and then the religious community at St. Gabriel's Priory. He never posed a threat to others, had all of the proper psychological evaluation to confirm this, and there have been no reports of threatening situation involving Brother Patrick." In Omaha, Synhorst said the monastic communities in Des Moines and Omaha "are offering prayers for Brother Patrick Harris and his family as well as the crew and their families from Union Pacific." The train's crew members hit the emergency brakes when they saw Harris, said Sgt. Roy Scott of the Elkhorn Police Department. Scott said the train had been traveling about 30 mph. Harris then lay down on the tracks, Scott said. World-Herald staff writers Michael O'Connor and Judith Nygren and researchers Jeanne Hauser and Michelle Gullett contributed to this report.

OUT RIGHT GOVERNMENT LIE EXPOSSED

OUT RIGHT GOVERNMENT LIE EXPOSSED

Sex offender law loophole exposed A legal loophole enabling sex offenders to avoid providing police with a full address has been revealed. Freed sex offenders, including paedophiles, can provide a location such as "somewhere in the woods" if they are homeless. Sex offenders who are homeless can be vague about their address It emerged after a convicted sex offender went missing after telling police he was living rough in Kent. A Home Office spokeswoman said: "It is a fact of life that not all offenders have a permanent address." However, she added: "Under the Sexual Offences Act 2003 those with no fixed abode must give a location where they can regularly be found. "They need to be there and checks will be carried out by the police. "If you breach the conditions of the sex offenders' register you will be prosecuted." An address is needed in order to make regular checks that a person will not re-offend, as well as to make immediate checks in the event of a crime being committed. For example, police officers can carry out checks on the homes of known offenders if a child is missing and believed to have been abducted. The loophole is believed to have existed since the register was established in 2001, although it has never been made public. The sex offender who went missing after saying he would be living rough in Kent was eventually tracked down in Devon and taken to court, where he received a conditional discharge.

http://news.bbc.co.uk/1/hi/uk/6102942.stm

Catholic order apologises publicly for abuse

Catholic order apologises publicly for abuse

Monday, March 30, 1998 Published at 02:11 GMT 03:11 UK World: EuropeCatholic order apologises publicly for abuseThe Brothers, as they are known in Ireland, were founded in 1802An influential Irish Roman Catholic religious order involved in teaching generations of youngsters has issued an unprecedented high-profile public apology for sexual and other abuse inflicted over years in its institutions. The congregation of the Christian Brothers in Ireland has taken out half-page advertisements in Irish newspapers admitting that some victims' complaints have been ignored. The admission follows a number of prosecutions initiated against members of the order, other Irish religious societies and Catholic clergy in recent years over sex and other crimes, often dating back decades. The Christian Brothers have traditionally been associated with boys' schools in Ireland, for many years playing a central role in the country's education system. At one stage the order ran more than 100 schools and eight orphanages. The apology refers to harsh punishment dealt out to pupils and to sexual abuse. Telephone helplines Well-established institution It listed telephone numbers on both sides of the Irish border to provide help on a confidential basis for any pupils who experienced ill-treatment or abuse at the hands of its members. According to reports, the apology was decided by leaders with only a minority of the 500 serving Christian Brothers indicating concern or opposition. "In a way we are putting our hands up and saying this happened. It is painful for all of us, that cannot be denied. But we believe it is worthwhile,"a spokesman at the order's Dublin headquarters is quoted as saying. "The objective of bringing about reconciliation and healing is worth the price we have to pay. "We are trying to create an environment where healing and reconciliation can take place and where people who have been hurt can be helped to leave that hurt behind them. "We want to acknowledge the fact that people have been hurt, listen to what they have to say and try to respond." As well as Ireland, the order is also active in other countries. According to reports, in Newfoundland, Canada, nine of the lay brothers were convicted of abuse-related crimes at an orphanage. The order's founder, Irishman Edmund Rice, was declared "blessed" by Pope John Paul II in 1996.

Survivor 3 Mrs W

Survivor 3 Mrs W

was resident in Nazareth House, Cardonald, between 1961, when she was seven or eight years old, and 1969, when she was 16 years old. Her date of birth is 25 November 1953. Consequently she attained majority on 25 November 1971, and the three-year limitation period expired on 25 November 1974, 25 years before her action began. Mrs W was resident in Nazareth House, Cardonald, from 1961 to 1969. She was aged seven or eight when she first went to live there. Her younger sister went with her, but Mrs W avers that contact between the sisters was not encouraged by the nuns in charge of them. She avers that she was part of what was known as the red group; the nun in charge of that group was Sister E. When Mrs W was aged about ten or eleven, Sister E was replaced by Sister J M who was assisted by a girl called I M. Mrs W avers that she was taken to Nazareth House by a social worker and immediately afterwards met Sister E. Sister E grabbed the pursuer's hair by her fringe and roughly fixed a grip into her hair, in such a way that her head bled. She told Mrs W that she was filthy, that she was covered in nits and lice, and that she stank. She sent Mrs W to be bathed and deloused by an older girl. Thereafter, Mrs W avers, she was regularly assaulted by a number of nuns. Sister E assaulted her daily, hitting her with whatever implements were available. On one occasion a hairbrush was used, which broke in consequence of the blow. Mrs W was also hit on the back with wire coat hangers and canes. Canes were used on Mrs W's hands, shoulders and back. On one occasion Sister E nipped and twisted Mrs W's flesh. She hit Mrs W with a wet cloth on one occasion because Mrs W had allowed the cloth to fall on her bed. Sister E also slapped Mrs W's face, pulled her hair and pulled her ears, on occasion causing bruising. Some of the assaults were in front of other children. She had knocked together the heads of the pursuer and another girl called B N. Mrs W was also caned by a nun called Sister N. Sometimes she was punished by being made to wait for two or three hours outside Sister N's cell, waiting for punishment. Mrs W was also occasionally assaulted by Sister M, who on one occasion pulled the pursuer by her hair and swung her round off the floor. Sister M on one occasion encouraged a group of children to jump on Mrs W, kicking her and pulling her hair. Other assaults are averred. Apart from regular assaults, Mrs W makes complaints about a number of other aspects of life in Nazareth House. These included punishment for bedwetting and for visiting the lavatory during the night. Mrs W was forced to eat food that she disliked, including cabbage, and if she were sick she was made to eat that too. On occasion she was told that she was going to a party but was then prevented from doing so. She was compelled to attend school even when she felt unwell, and on one occasion received very unpleasant medical treatment for a problem with her ear. The nuns also made derogatory remarks about Mrs W's mother and grandmother. It is fair to say that Mrs W's complaints about life in Nazareth House are wide-ranging, and apply to many aspects of her life in the institution. She avers that she was unable to complain about her treatment. On two occasions she complained to Sister N about Sister E's actions, but Sister N told her that she was a liar and a troublemaker, and caned her. Mrs W avers that the nuns did not allow her mother to visit her, and that her father visited her on about four occasions. Social workers visited her on two occasions, but nuns were present throughout the visits. On the basis of the allegations of fact summarized above, Mrs W avers that throughout her time at Nazareth House she was subjected to a brutal, violent and cruel régime by the nuns working there. She was subjected to degrading and inhumane methods of punishment; she was ill-treated by the nuns; and the standard and quality of care provided for her welfare were poor. Such treatment was systematic and regular, continuing throughout the entire period of Mrs W's residence at Nazareth House. As a result it is said that she suffered loss, injury and damage. The individual nuns were acting in pursuance of the operation of Nazareth House as a residential children's home, and were doing so under the control of the defenders. Consequently it is said that the defenders were responsible for the nuns' acts. It is further averred that the defenders failed in their duty to take reasonable care for the health, safety and welfare of the children residing at Nazareth House, including Mrs W. The particular duties of care cover both inadequate supervision of individual nuns and the general running of the premises. In addition, a statutory case is pled based on the Administration of Children's Homes (Scotland) Regulations 1959. In this connection, it is averred that the defenders did not make adequate arrangements for the well-being of the children resident in Nazareth House, administered punishment in a manner inconsistent with the Regulations, and failed to keep adequate records as required by the Regulations. Mrs W said that she suffered trauma and psychological damage as a result of her treatment. In 1998 she was diagnosed as suffering from severe depression and anxiety. It is said that her symptoms are comparable to those experienced by persons suffering from post-traumatic stress disorder. I comment on this matter in detail in the part of this opinion dealing with psychological and psychiatric evidence, but only for the purpose of assessing the explanations advanced for the survivor's failure to make claims at an earlier date; what I say there should not be taken as affecting the substance of the survivor's claims, which I am obliged to assume are well-founded. Mrs W further said that she has suffered from insomnia, has low self-esteem, has been involved in abusive relationships and has had difficulty forming relationships. She is socially isolated and has a poor quality of life. It is further said that she did not have the self-confidence to proceed to further education, although she was intellectually capable of doing so. Consequently she has been employed in less rewarding jobs and has been unemployed.

Survivor 2 Mr M

Survivor 2 Mr M

was resident in the same home between 1975, when he was six years old, and 1978, when he was nine years old. He was born on 9 January 1969 and attained majority on 9 January 1987; the basic three-year limitation period therefore expired on 9 January 1990, 10 years before his action was raised. D M Mr M was resident at Nazareth House, Cardonald, from about 1975, when he was six years old, until about 1978, when he was nine years old. Thereafter he was sent to another home at Smyllum Park, Lanark, run by another order of nuns. Two of his brothers were resident in Nazareth House at the same time. The nuns responsible for his care were Sister D and Sister J S. Mr M avers that he and the other children were assaulted regularly for no reason. Sister D assaulted him approximately twice a day every day, using implements that included a hockey stick and a garden cane. She assaulted him on all areas of his body, but particularly his head. On one occasion Mr M ran away, but was found by the police in Greenock. He told the police that he had been assaulted by the nuns but they did not believe him and they returned him to Nazareth House. As a punishment he was made to stand naked all night in a corridor. Children including Mr M were regularly assaulted at mealtimes by Sister D. It is averred that Mr M was punished for bedwetting. Sister J S also punished him. On one occasion he saw her hit his brother R on the head with a hockey stick, rendering him unconscious. Mr M and his other brother were made to clean up the blood, and were terrified. In addition to the allegations of assault by the nuns, Mr M avers that he was punished by a violin teacher, who rapped his knuckles on Mr M's head if he made mistakes. He claims that he was punished by the nuns when an attempt to have him fostered did not work and he was sent back to the home. He was made to eat carbolic soap as a punishment for lying, and became terrified of dying because of remarks that the nuns made to him. Mr M's father died when he was in Nazareth House, but he was not allowed to attend the funeral. The nuns told him that his father was a "drunk", and said that he should not want to go to the funeral. Mr M became very upset as a result. He avers that he frequently tried to run away and was assaulted for doing so. When he was taken on bus trips his socks and shoes were removed and he was made to sit on the floor in an attempt to prevent him from trying to run away. Mr M also makes complaints about the very structured régime in Nazareth House and the poor quality of the food there. On the basis of the foregoing averments of fact, Mr M alleges that the defenders failed in their duty to take care for the safety and welfare of the children resident in Nazareth House, including him. He also alleges breach of duties not to assault children and not to sanction or use excessive, cruel and unusual punishments. Further breaches of duty are averred in relation to the inadequate supervision of the home. Generally speaking, these averments are very similar to those made on behalf of Mrs B. As a result of the breaches of duty, it is said that Mr M suffered loss, injury and damage. An alternative statutory case is pled, based on the Children's Homes (Scotland) Regulations 1959; this is similar to the statutory case made by Mrs W. Mr M said that he was humiliated by things that the nuns at Nazareth House said to him, and was distressed at not knowing where his father was buried. He has been prescribed anti-depressant medication since 1997. He was referred for psychological intervention in 1997 but did not continue with the treatment. He said that he currently suffers from moderate to severe anxiety and severe depression. It is also said that he experiences intrusive thoughts and avoidance behaviour associated with PTSD. In addition, he is said to exhibit obsessive compulsive symptoms to a high level. It is said that he has attempted suicide and has suffered from nightmares, during which he attempted to jump out of the window. It is said that he was unable to form relationships with women, and found it difficult to trust the partner with whom he lived for a number of years. His quality of life is extremely poor. It is further said that his relationship with his own children has been severely affected by his treatment in Nazareth House. A reference is made at this point to sexual abuse, but the statements of fact do not contain any such allegation. It is further said that Mr M had a number of criminal convictions and had been sentenced to periods of imprisonment. He had also abused alcohol On the basis of the foregoing statements of fact, Mr M alleges that the defenders failed in their duty to take care for the safety and welfare of the children resident in Nazareth House, including him. He also alleges breach of duties not to assault children and not to sanction or use excessive, cruel and unusual punishments. Further breaches of duty are said in relation to the inadequate supervision of the home. Generally speaking, these statements are very similar to those made on behalf of Mrs B. As a result of the breaches of duty, it is said that Mr M suffered loss, injury and damage. An alternative statutory case is pled, based on the Children's Homes (Scotland) Regulations 1959; this is similar to the statutory case made by Mrs W.

Survivor 1 Mrs B

Survivor 1 Mrs B

was resident in the second defenders' home at Nazareth House, Cardonald, between 1966, when she was three years old, and 1979, when she was 16 years old. Her date of birth is 6 January 1963; consequently she attained majority on 6 January 1981, and the basic three-year limitation period laid down in section 17 accordingly expired on 6 January 1984, some 16 years before her action was raised. Mrs A B Mrs B was a resident at Nazareth House, Cardonald, from about 1966, when she was three years old, to about 1979, when she was sixteen. Initially she was in the nursery section , but subsequently she was placed in the green group, along with her two older sisters; the girls were separated from their brother. During her time in Nazareth House Mrs B was under the charge of a series of nuns, namely Sister Do, Sister Ca, Sister Cu, Sister J, Sister J S and Sister B. A carer named M K was also responsible for her for much of her childhood. Mrs B avers that children in Nazareth House, including her, were regularly subjected to assaults and cruel punishments. The assaults regularly had no reason. Details are given of a number of assaults on Mrs B. These relate particularly to Sister Ca, who had a club foot and placed that on children to prevent them from escaping while she assaulted them. Sister Ca also punished Mrs B by making her kneel on tiles with her arms above her head or with her arms stretched out in front of her, and force fed her. Force feeding continued after a child had vomited, and was sometimes followed by assaults in full view of everyone in the dining hall. Mrs B avers that she was subjected to that treatment on several occasions. Sister Ca also punished her by putting carbolic soap in her mouth. Particulars are given of a number of specific assaults on the pursuer by Sister Cu, Sister J S and Sister B. The assaults are averred to have included kicking and punching. On one occasion Mrs B avers that she was knocked unconscious when Sister B pushed her against a wall; when she recovered consciousness Sister B was on top of her, battering her head against the floor. In addition to the averments relating to repeated assaults, Mrs B avers that she and other children in Nazareth House were regularly punished for bedwetting. She also makes allegations about poor food and poor personal care. On the basis of those averments of fact, she states that the defenders failed in their duty to take adequate care for the safety and welfare of the children resident in Nazareth House, including her. She alleges breach of the defenders' duties not to assault children and not to sanction or use excessive, cruel and unusual punishments. She also alleges a series of failures in the defenders' supervision of Nazareth House. In this connection various particular duties are averred; these include caring for and nurturing the children in the home, serving adequate food, providing adequate personal care, taking reasonable care to see that children were not humiliated and ridiculed, and encouraging family relationships where possible. As a result of those breaches of duty it is said that Mrs B suffered loss, injury and damage. An alternative statutory case is made under the Children's Homes (Scotland) Regulations 1959. This is broadly similar to be case made by Mrs W. Mrs B said that she felt humiliated and degraded as a result of her treatment in Nazareth House, and experienced fear and distress when she witnessed assaults on other children. She said that she has no confidence in herself, and suffered psychologically for many years. It is said that she has suffered intrusive thoughts about her experiences and has made conscious attempts to avoid such thoughts. As in the case of Mrs W, it is said that Mrs B's symptoms are similar to PTSD symptoms, and fulfil the criteria for PTSD. She said that she has suffered from bulimia and had a breakdown in 1996. She has been prescribed Prozac and Valium. She does not feel safe outside her home, and has difficulty functioning in any area of life outwith her home. Her estranged husband and children have to go to the shops for her, and she has a very poor quality of life. She has had difficulties in forming relationships, and has separated from her husband. She has difficulty in relating to her children. She suffers from anxiety, in particular that she may wet the bed, and that causes her practical difficulties. She said that she has difficulty sleeping and concentrating. She was intellectually able to undertake further education, but instead had only been employed as a machinist, cleaner and meat packer.

STOP THE PAIN & HEARTACHE FOR OUR CHILDREN WHO ARE OUR ADULT'S OF TOMORROW OF OUR COUNTRIES

BACKGROUND OF THE SURVIVORS STORIES

BACKGROUND OF THE SURVIVORS STORIES

The survivor's in each of these three actions were at one time residents of a children's home run by the Congregation of the Poor Sisters of Nazareth, an order of nuns who are the second defenders in each case; the first defender is the Religious Superior of the order The Poor Sisters of Nazareth . In each case damages are claimed on the basis that the survivor suffered physical abuse during the time when he or she was under the charge of the second defenders; in each case individual nuns are said to have been directly responsible for the abuse. The three actions were raised in May 2000. Approximately 290 other actions were raised at the same time on similar grounds against the same defenders The Poor Sisters of Nazareth . I was informed that a large number of other broadly similar actions have been raised against other bodies that ran children's homes between the 1950s and the 1980s; these include Quarrier's Homes, Barnardo's and the De La Salle Brothers. The initial difficultly that confronts each of the survivor's is that the limitation period specified in section 17 of the Prescription and Limitation (Scotland) Act 1973 has expired. IN OTHER WORDS KNOWN AS TIME BARRED OK BECAUSE THE CASE WAS NOT MADE WITHIN THE 3 YEAR TIME LIMIT PERIOD HOW BLOODY DISGUSTING AND APPALLING IMO JUST AWFUL FOR SURE GRRRRRRRR:(!!!!!!! WHY DO YOU NOT ALL ACKNOWLEDGE THAT FOR VICTIMS/SURVIVORS OF ANY FORM OF ABUSE IT TAKES YEARS UPON YEARS FOR MOST OF US TO SPEK UP ABOUT THE HELL WE ENDURED IN MY OPINION THERE SHOULD NEVER EVER BE ANY STAUTE OF LIMITAIONS ON ABUSE PERIOD AND ABOVE IS ONE OF THE MOST PROFOUND REASONS WHY THERE SHOULD NEVER BE. CAN'T YOU SEE BY PLACING THESE STATUE OF LIMITAIONS FOR ABUSE WHAT YOU ARE DOING IS TIME AFTER TIME LETTING THE ABUSERS OFF SCOTT FREE FOR THEIR HENIOUS CRIMES AGAINST THE MANY OF US IN THIS WORLD AND THESE SADISTIC ABUSERS USE THIS RULING TO AVOID FACING THE CONSEQUENCES OF THEIR SADISTIC ACTIONS UPON US ALL. MARIA

I ASK YOU IS THE ABOVE JUSTICE????

AGAIN THE JUSTICE SYSTEM IS SO BADLY WRONG IMO :(

LORD YOUNG REFUSES ACTIONS IN TEST CASE

LORD YOUNG REFUSES ACTIONS IN TEST CASE

MORE INJUSTICE FOR SURVIVORS FROM NAZARETH HOUSE SCOTLAND IN MY OPINION..... LORD YOUNG REFUSES ACTIONS IN TEST CASE WHAT WE HAVE ALL BEEN WAITING FOR SINCE 9TH FEBRUARY 2005..... SO YET ANOTHER ROADBLOCK FOR US ALL...Grrrrrrr I HAVE ALWAYS SAID FROM DAY ONE AND REITERATE IT HERE ONCE AGAIN I DO NOT WANT OR AM I LOOKING FOR COMPENSATION AS TO ME IF OFFERED IT WOULD BE TAINTED MONEY IN MY OPINION BUT WHAT I DO WANT IS JUSTICE AND ACKNOWLEDGMENT THAT ABUSE DID HAPPEN WITHIN NAZARETH HOUSE HOMES ALL ACROSS THE WORLD FAIR AND SQUARE AND I MOST DEFINATELY DO WANT AN APOLOGY BOTH PERSONAL AND PUBLIC FOR ME FROM THE NAZARETH HOUSE ORDER OF NUNS AND THE CATHOLIC CHURCH This full judgment is very very lengthy OK................ LORD YOUNG REFUSES ACTIONS IN TEST CASE Latest judgment in test cases goes against pursuers. Full Judgment is HERE

Judge rejects care home abuse claims from The Scotman Newspaper

Judge rejects care home abuse claims from The Scotman Newspaper

JOHN ROBERTSON AND JIM MCBETH ALLEGED victims of historical abuse in children's homes criticised a judge yesterday for throwing out three test cases because he did not want to prejudice the good works of an order of nuns. Lord Drummond Young's decision, in the Court of Session, effectively kills off up to 600 similar actions by alleged victims. The judge ruled that three £50,000 claims by two women and one man, which had been raised many years beyond normal legal time limits, should not get special dispensation to continue. He said he would not allow the claims by former residents of Glasgow's Nazareth House to proceed, given the "very substantial" period which had elapsed since the alleged abuse. The claimants alleged they were brutally treated as children, but Lord Drummond Young said times had changed and the Congregation of the Poor Sisters of Nazareth, who once ran Nazareth House homes in Glasgow and Aberdeen, now operated facilities for the elderly and AIDS sufferers. "It does not appear to me to be fair that their current activities should be prejudiced because of acts carried out [up to] 40 years ago by individuals who are dead or no longer active," he said. Lord Drummond Young's ruling provoked angry reaction from alleged victims who are bringing actions against not only Nazareth House, but also organisations such as Quarriers, Barnardo's and another religious order, the De La Salle Brothers. Lizzie McWilliams, 67, from Glasgow, who claims she was sexually and physically abused in Quarriers, Renfrewshire, said: "His lordship should walk a mile in my shoes if he thinks the scars of the past can be healed. "The abuse I suffered destroyed my life. His decision may now make it impossible for me to prove my abusers' guilt." Chris Daly, 40, also from Glasgow, another alleged victim of Nazareth House, added: "I am very disappointed. It is all very well for nuns to move on, but we cannot." Mr Daly, who claims he was beaten, made to stand outside in freezing conditions wearing only underpants and locked in a room with a corpse, added: "You cannot go into the future without resolving the past." Lawyers acting for the claimants said they would appeal. Cameron Fyfe, who has 300 cases involving Nazareth House, said: "Many other cases depend on appealing this judgment. The victims want closure, the guilt established, and not just money." Mr Fyfe conceded that if the judgment is not overturned, it will kill off between 500 and 600 actions. Frank Docherty, of In Care Abuse Survivors, which represents many alleged victims, said: "The fight will go on. "This is ludicrous. What about 'prejudicing' the victims? How many more must we lose to alcohol and depression because of the abuse they suffered?" The test cases centred on Nazareth House, in Glasgow, which was once run by the Congregation of the Poor Sisters of Nazareth. Two women, A and J, and the man, D, alleged a "brutal, violent and cruel regime". They said they were injured by assaults which caused them long-term psychological harm to relationships and employment. A, 42, was at Nazareth House from the age of three to 16. She claims she was beaten and force- fed carbolic soap. During eight years in the home, J, 51, said she was struck with implements such as a hairbrush, coat hanger and canes. D, 36, said during his three years there he was regularly assaulted. They raised actions in 2000, but, in law, the cases should have been brought before they were 21. However, a court can allow time-barred cases to proceed if it is deemed "equitable". But Lord Drummond Young added yesterday: "It was clear the raising of these actions has caused considerable distress to all three. I cannot think it is in their interests to rake over those memories. "I will exercise my discretion in favour of [the Poor Sisters] and refuse to allow the pursuers to bring the present actions."