Court Rules Murphy Report May Be Published in Full

Irish Examiner
July 12, 2013

http://www.irishexaminer.com/breakingnews/ireland/court-rules-murphy-report-may-be-published-in-full-600217.html

[Chapter 20 - Department of Justice and Equality]

A High Court judge has ruled this evening that the Murphy report into child abuse in the Dublin Catholic archdiocese can be published in full.

Mr Justice Paul Gilligan had previously made orders prohibiting publication of chapter 20 of the report. Yesterday the Judge said he was setting aside orders restraining publication of chapter 20 and the Minister for Justice could now publish the Commission's report in its "complete original form."

The Judge said it was "in the public interest" to explain why certain prohibitions were put in place in regards to certain chapters of the report. The restrictions were put in place to ensure criminal proceedings against certain people mentioned in the report were not prejudiced.

The Judge said when the Commission's report was first published prosecutions against a number of people mentioned in the report were pending. In the case of one individual extradition proceedings from the United States were in being, the Judge added.

The Minister had expressed his concerns, in hearings held in private, about the effects that publication may have had on the trials. The Judge said in light of the Minister concerns the Court had used its discretion not to publish certain parts of the report.

However following the conclusion of those prosecutions, and because there are no prosecutions pending or in being against any of the person mentioned in the report. He was therefore removing any restrictions previously made by the court and allowing the report to be published in an unredacted state.

The report, compiled by Circuit court Judge Yvonne Murphy, investigated the handling of clerical child sex abuse allegations involving 46 priests in Dublin’s Catholic archdiocese by church and State authorities between 1975 and 2004.

Chapters 20 and 19 of the report were withheld when it was published on November 26, 2009, pending the outcome of proceedings involving two priests.

In December 2010 Mr Justice Gilligan ruled that the chapter 19 of the report, which related to priest Tony Walsh, could be published following Walsh's conviction on 17 counts of sexual abuse.

Walsh was sentenced to 16 years imprisonment, with four suspended, on 17 counts of sexual abuse, including five counts of buggery on one boy. Restrictions on chapter 20 remained in place until the Judge's ruling today.

In his concluding remark Mr Justice Gilligan said "I know I speak on behalf for a many people in acknowledging the dedication of Judge Yvonne Murphy and her team and the work undertaken to produce such a comprehensive and enlightening report."