Nearly All Report on Cloyne Abuse to Be Published, Irish Times, April 9, 2011

Nearly All Report on Cloyne Abuse to Be Published

Irish Times
April 9, 2011

http://www.irishtimes.com/newspaper/ireland/2011/0409/1224294303066.html

Mr Justice Nicholas Kearns: avoiding derailing prosecution

THE PRESIDENT of the High Court has ordered publication of almost all of the report into the handling of child sex abuse allegations in the Catholic Diocese of Cloyne.

Certain parts of just one chapter are not being published at this stage because of pending criminal proceedings against a priest.

A commission of investigation set up by the Minister for Justice prepared the report into the handling by the Catholic Church and by State authorities of allegations of child sexual abuse against clerics operating in the diocese, which covers most of Co Cork, between

January 1st, 1996, and February 1st, 2009.

The report, which consists of 26 chapters, and relates to 19 clerics against whom complaints were made, was given to the Minister on December 23rd last. It followed a two-year investigation by the commission headed by Judge Yvonne Murphy, which had also investigated the handling of child sex abuse in the Dublin archdiocese.

The Minister last month asked the High Court for directions arising from concern publication of certain matters might prejudice any criminal proceedings being brought against one particular priest. Yesterday, Mr Justice Nicholas Kearns cleared the way for the publication of most of the report. He ruled publication of a portion of chapter nine, relating to one priest, should be delayed until July 15th when the matter is to come back before him for review.

The judge said he was making the ruling so nothing would be done which would run the risk of prejudicing the priest’s trial, due to take place very shortly.

An application to have yesterday’s hearing held in private was made by Alexander Owens SC, for the Minister, supported by Anthony M Collins SC, for the Director of Public Prosecutions.

Mr Justice Kearns agreed with a suggestion from Mr Collins to adopt a procedure used in a similar application over the publication of the Dublin report, whereby the press and public would be invited back into court after a private hearing.

Following the private hearing, the judge said the court did not have the power to order the rewriting of any part of the report but merely to say what parts should be delayed in circumstances where there was a pending trial. He was not saying none of chapter nine should be published but only those sections relating to the individual priest to ensure any prosecution does not run the risk of being derailed, he said.

The judge gave liberty to all parties, including the priest who was represented by counsel yesterday, to apply to the court should anything happen to alter the circumstances.