Martin and Brady Persuaded Cardinal to Drop Court Challenge
By John Cooney, Dearbhail McDonald and Tim Healy
Irish Independent
February 12, 2008
http://www.independent.ie/national-news/senior-clergy--settle-sex-abuse-dispute-out-of-court-1287593.html
A potentially explosive dispute involving Cardinal Desmond Connell and Archbishop Diarmuid Martin over the release of secret church sex abuse files was resolved after crunch talks between the two men.
The pair met at a Dublin nursing home more than a week after Cardinal Connell began a court action to prevent Dr Martin's Dublin diocese handing over thousands of documents to a State inquiry into clerical sex abuse.
That action was dramatically struck out at the High Court yesterday after lawyers for the churchmen agreed to seek a resolution.
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| Cardinal Desmond Connell dropped a court action preventing the release of church sex abuse files to a State inquiry after meetings with Archbishop Diarmuid Martin and Cardinal Sean Brady |
Cardinal Connell's lawyers gave no reason why he had withdrawn the litigation which sparked widespread fury and claims of a cover-up by victims of abuse.
Hearing
Archbishop Martin, who welcomed the outcome of the brief High Court hearing, said he had visited and spoken with Cardinal Connell in a nursing home in Raheny, Dublin and that the decision "was his (Cardinal Connell's) own".
"Many victims and family members contacted me during this week," said Archbishop Martin.
"I wish to assure them, as well as priests and parish congregations, of my continued commitment to seeking the truth about the past.
"It is my hope that the common aim of all remains focussed on ensuring that an accurate understanding of the truth concerning sexual abuse of children by clergy emerges."
Cardinal Connell's action was listed in the High Court for mention and it had been expected that the case would be adjourned for a full hearing at a later date.
The Cardinal had secured a temporary injunction preventing the Dublin Diocesan Commission of Investigation examining 5,586 documents which he had claimed legal privilege over.
When the case was called yesterday, however, Roddy Horan, counsel for the Cardinal, told Mr Justice Iarfhlaith O'Neill that he was withdrawing the application.
Legal costs of the retired action were awarded against the Cardinal and not opposed by his lawyer.
The decision to withdraw the controversial case was unanimously welcomed by senior Church figures and victims of abuse.
Launch
Bishop Gerard Clifford, Auxiliary Bishop of the Archdiocese of Armagh, who was speaking at the launch of ACCORD's marriage resource day, said it was important that the work of the commission could now continue.
"I would hope problems that were associated, and obviously that were difficult for people who have been abused over the years, that people who thought this had been left in the past -- that the issue can be addressed and hopefully (there will be) action and the completion of the work of the Commission will come to its fulfilment," he said.
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 claimed 5,586 documents -- handed over to the Commission by his successor Archbishop Diarmuid Martin on January 15 -- are either legally privileged or confidential.
He has also complained the documents which the Commission has sought include those relating to matters concerning priests outside the representative sample of 46.
But the assertion of legal privilige prompted an angry backlash against the Cardinal and prompted several other senior prelates to state that the action was regrettable.
Mary O'Rourke, chairperson of the Oireachtas committee on the constitutional amendment on childrens' rights, said that Cardinal Connell's decision to withdraw his High Court application "bodes well" for the Commission of Investigation's work, and she was confident that there would now be full disclosure in which victims would get their rights.
Noting on Newstalk Radio that many bishops had found it "difficult and salutary" to change to a more open culture, Mrs O'Rourke predicted that Cardinal Connell's withdrawal would provide "a good example" to them "to face up to anything they might have in their vaults" regarding clerical child abuse scandals.
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