Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, February 11, 2008

Update from Gerry Whyte on the Situation in Ireland


RTE News
http://www.rte.ie/news/2008/0211/church.html

Connell withdraws bid to stop files examined

Archbishop Diarmuid Martin has welcomed the decision by Cardinal Desmond Connell to withdraw his High Court attempt to stop the Government-appointed commission examining diocesan child abuse files.

A source close to Cardinal Connell has speculated that he may have been persuaded by fellow clergy in retirement to hand over his problems to his successor.

The move comes 11 days after Cardinal Connell got an injunction against the commission preventing it from examining files while he prepared his case to show that he had legal privilege over them or a duty of confidentiality in relation to them.

When the case was called for mention this morning, Roddy Horan SC said he was appearing for Cardinal Connell. 'I am withdrawing that application,' he told Judge Iarfhlaith O'Neill.

Brian Murray SC, counsel for Judge Yvonne Murray and the two other commission members, applied for costs.

At Mr Murray's request Judge O'Neill discharged the undertaking by the commission not to examine the controversial files while the case was pending.

At the court hearing on 31 January, Cardinal Connell's solicitor, Diarmuid Ó Catháin, said in an affidavit that any file recording communications between Cardinal Connell, while he was archbishop, and lawyers acting for the diocese, could not be opened to the Commission of Inquiry.

The commission is scheduled to report by next September.

An organisation representing survivors of sexual abuse has welcomed the move.

The One in Four group said it was imperative for the sake of victims that he did so.

Speaking on RTÉ Radio's News at One, Marie Collins, a victim of clerical abuse, said Cardinal Connell's move came as a great relief.  She said it was good for the Church, the victims and the laity, because the commission could now do its work unhindered.

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