Sheriff Urged to Allow Priest to Stay in Parish House

Herald Scotland
March 17, 2015

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A SHERIFF has been urged to allow a priest at the centre of a row with the Catholic Church to stay in his parish house.

Father Matthew Despard, 50, is involved in a long-running dispute over a book he wrote alleging a gay mafia was operating at the top of the Church.

Fr Despard was ordered to leave his home at St John Ogilvie in High Blantyre, Lanarkshire, but refused, disobeying the wishes of the Bishop of Motherwell, Joseph Toal.

Bishop Toal told Fr Despard to leave the house in November 2013 but the Church later launched a legal action at Hamilton Sheriff Court to evict him.

Yesterday lawyers for Fr Despard called on Sheriff Joyce Powrie to reject the move and allow him to stay in the property.

Hugh Neilson said: "Father Despard was appointed parish priest in 2006 and critically he remains the parish priest. He has resided ever since his appointment in the parish house.

"The house is, in any view, my client's home. It can't be said that it was meant for his occasional use, it was meant for him to stay in.

"This action, if successful, would result in him being thrown out of it whilst he is still the parish priest."

He said that throughout the case there had been no recognition that Fr Despart had "any rights or protection under the law".

"That is quite an extraordinary and ill founded proposition," he said. "Catholic priests are not excluded from the Human Rights Act.

"The Church's position has been, if the Bishop tells you to go, you've got to go and you've got no rights. As an attitude that shows a distinct lack of respect for Father Despard's home.

"The necessity for moving my client from the house has not been made out."

Advocate Marie Clark had earlier said Fr Despard had no "right" to be in the house.

She said: "The principal submission is that the pursuers have the right to the chapel house and the defender has no right to occupy the house. I ask you to grant decree and award the pursuers the property at St John Ogilvie in Blantyre.

"There may be a rich factual landscape but this belies the simplicity of these proceedings and that is that the pursuers have the right to the house.

"The defender has no right to remain but refuses to leave."

Fr Despard had earlier told the hearing a 'crisis' in the Catholic Church provoked him to release his controversial book.

He said the resignation of Cardinal Keith O'Brien and a lack of leadership from senior church figures led to him publishing Priesthood In Crisis.

Cardinal O'Brien resigned amid allegations of sexual misconduct from three priests and one former priest.

Sheriff Powrie is expected to deliver a judgement at a later date.