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	Archbishop Expresses Surprise at Cardinal's Legal Action By Patsy McGarry and Harry McGee Irish Times February 5, 2008 http://www.ireland.com/newspaper/frontpage/2008/0205/1201903494879.html?via=me The Archbishop of Dublin, Diarmuid Martin, said yesterday he was surprised to learn of Cardinal Desmond Connell's legal challenge against a Government-backed commission of inquiry into allegations of sexual abuse in the Dublin archdiocese. He said he hoped the matter could be dealt with "expeditiously" by the courts and was glad to see the judge wanted to do that. "I have put huge personal commitment into establishing the truth [ in the matter of clerical child sex abuse] and to putting measures in place for the protection of children." He was speaking as new evidence emerged of disagreement between Archbishop Martin and Cardinal Connell over dealings with the commission. The Irish Times has learned that the two men have been in communication for months over the handling of confidential files being sought by the Dublin Archdiocese Commission of Investigations. It is understood the commission proposed to the archdiocese last September that retired Supreme Court judge Brian McCracken be invited to adjudicate on whether or not documents Cardinal Connell asserted were privileged to him had such legal status. Since then the cardinal has complained to the commission that he had not been informed of discussions between it and Archbishop Martin about documents over which the cardinal was claiming privilege. The cardinal felt he had been treated unfairly in the matter but this was rejected by the commission. Speaking last night at Dublin Castle at a Government reception hosted to honour Cardinal Seán Brady on his recent elevation to the College of Cardinals, Archbishop Martin said: "Truth is not served by polemics on any side. It must all be about people who are abused." Meanwhile, Cardinal Brady restated the Irish Catholic Bishops' commitment "to establishing the truth about what happened in the past". Explaining that it would be "very imprudent" of him to comment on the legal action being taken by Cardinal Connell while it was still before the courts, he said, in response to direct questions, that he regretted all distractions in the pursuit of truth where clerical child sex abuse was concerned. At the same time "justice must be ensured for all", he said. He too hoped the matter "would be dealt with as quickly as possible". He also said that, contrary to rumour, the matter of legal privilege had not been discussed at the quarterly meeting of the Irish Bishops' Conference in December. Earlier yesterday Archbishop Martin said he was unclear as to the exact nature of the case being taken by the cardinal. Speaking at an event at Dublin City University, he described the issue as a relatively small matter and a "single roadblock" that could be overcome. He said there was nothing to suggest that the Vatican was offering anything other than support for the position adopted by him in dealing with the commission. Rejecting a suggestion that the church was hiding anything, he said the commission in its structures had recognised the right of witnesses, including Cardinal Connell, to invoke legal privilege. Of the legal challenge, he said: "I was surprised to hear about it because the cardinal, Cardinal Connell, has been very correct in no way interfering with my ministry. "He simply called me and told me that his legal advisers had unanimously advised him to go to the High Court."Archbishop Martin maintained that nothing had been changed arising from this action in the archdiocese's dealings with the commission. He added that he hoped that work that had been done by himself and others would not be derailed by anything, and also said that it was his understanding that the High Court was intent on dealing quickly and rapidly with the case being taken by Cardinal Connell.
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