The Telegram
November 2, 2011
http://www.thetelegram.com/News/Local/2011-11-02/article-2794216/Archbishop-was-aware-of-sexual-abuse-by-Father-James-Hickey%3A-court-documents/1
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| Father James Hickey |
Court decision records insurance company's claim church leaders aware of sexual abuse
Leaders within the Roman Catholic Church in Newfoundland and Labrador were aware of the sexual abuse of boys by Father James Hickey as early as 1980, according to evidence brought forward in the Supreme Court of Newfoundland and Labrador.
The evidence was presented by the insurance company charged with assisting the Roman Catholic Episcopal Corporation of St. John's (RCEC) in defending their case in ongoing civil suits involving Hickey.
The insurer, Guardian Insurance Company of Canada, has stated church leaders and, specifically, Archbishop Alphonsus Penney, were aware of allegations against Hickey prior to 1980.
To date, Penney has denied having any such knowledge or recollection of any disclosures about sexual misconduct by Hickey. He has previously testified he was not at all aware of any such problem with Hickey prior to 1987, when criminal charges were laid.
In September 1988, Hickey pleaded guilty to 20 charges of sexual assault, gross indecency and indecent assault involving teenage boys. He was sentenced to five years in jail, and died in 1992 at the age of 59.
Guardian Insurance now states that, since then, the Church has not been acting in good faith in dealing with the subsequent civil suits.
As evidence, they have pointed to a statement made by a former member of the seminary, as collected by the insurance company in the early 1990s.
"(He) stated that, while in Rushoon, he was aware of boys spending evenings at the parish home of James Hickey and that sexual activity was ongoing involving James Hickey. (He) said in his discovery that he had met with Archbishop Penney in or about May of 1980 and disclosed this to him," reads information from the Supreme Court.
"At the time, (he) indicated that he told Archbishop Penney that when in Rushoon, James Hickey had been sexually abusing boys as well as another seminarian. According to (him), it appeared to him that the Archbishop was not listening and indicated that he would take the matter into consideration."
Guardian Insurance filed the information, labelled as "new evidence" relating to the Hickey claims, as part of an ultimately failed legal action. It was an effort to disconnect itself from the RCEC when it comes to the legal battles involving Hickey's abuse.
The statement is laid out in a recent judgement on that challenge at the Supreme Court, from Justice Richard LeBlanc.
"Guardian now claims that it has credible evidence to establish knowledge of the activities of James Hickey by Archbishop Penney as well as Monsignor Morrissey, the Vicar-General, at the relevant times," Justice Richard LeBlanc states.
"Therefore, Guardian claims that it should be permitted to defend the present Third Party claim on the basis of a lack of good faith on the part of RCEC."
LeBlanc ultimately dismissed the insurance company's attempt to remove itself from the civil defence. In his reasoning, he noted the insurance company had continued to defend the RCEC even after becoming aware of the statements that suggest Penney was both aware of complaints against Hickey as early as 1980 and in a position to investigate further.
Guardian Insurance has previously attempted to disengage from the mess. A similar application in 1992 was also dismissed.
Meanwhile, several civil actions against the church in regards to actions by Hickey remain before the court and unresolved. They include the action that led to Guardian's latest objection to representation.
Justice LeBlanc has ordered Guardian to pay to the RCEC all costs associated with the Oct. 31 decision that charges them with carrying on the defense of the Church. The RCEC will recommence its pre-existing financial arrangement with its insurer, as it begins work on the defense of this latest case.
Further details on this story will be available in Thursday's edition of The Telegram.
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