Irish Independent
February 5, 2008
http://www.independent.ie/national-news/division-between-churchs-top-men-turns-into-a-gaping-chasm-1281586.html?from=related
THE state inquiry investigating the handling of complaints of child abuse by priests in the Dublin Archdiocese has agreed not to examine over 5,000 sensitive Church documents, until an unprecedented High Court dispute is resolved.
News of the decision comes as Diarmuid Martin, the Archbishop of Dublin, yesterday revealed he had been inundated by letters and emails from abuse victims as a result of an injunction secured against the inquiry last week by Cardinal Desmond Connell.
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| Archbishop of Dublin Diarmuid Martin in a reflective mood yesterday at Dublin City University, has now instructed lawyers to represent his interests |
The gulf between the two senior Catholic prelates appeared to widen yesterday, as Archbishop Martin instructed a separate set of lawyers to represent his interests, a move that signals the Dublin Archdiocese will also become party to the litigation.
The former Vatican diplomat also admitted to being taken "by surprise" at the move by Cardinal Connell to restrict access to diocesan files that he had already handed over to the Dublin Diocesan Commission of Investigation.
Early hearing
Last week, Cardinal Connell (81) secured an injunction against the inquiry to block it from examining some 5,586 of 66,583 documents given to it by Archbishop Martin.
Yesterday the commission, which sought an adjournment to consider the Cardinal's case, undertook not to examine the documents pending the outcome of the full hearing.
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The substantive hearing is expected to proceed next month after a High Court judge said he would do his utmost to facilitate an early hearing.
The commission is investigating the handling of complaints or claims of abuse against a representative sample of 46 priests of a total 102 priests found to fall within its terms of reference.
Cardinal Connell claims the 5,586 documents -- handed over by Archbishop Martin on January 15 last -- are either legally privileged or confidential. He has also complained the documents which the commission has sought include documents relating to matters concerning priests outside the representative sample of 46.
The commission says it wants the documents so they can be examined in order to decide whether the claim of privilege is validly made.
It has expressed surprise about the extent of legal privilege claimed over documents relating to insurance matters, including, it is understood, documents concerning steps by the Dublin archdiocese to put an insurance policy in place against claims of child sex abuse.
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