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  Court Adjourns Church Abuse-Papers Case

Irish Times
Febriary 4, 2008

http://www.ireland.com/newspaper/breaking/2008/0204/breaking38.htm

A hearing on whether Catholic Church documents can be examined by an inquiry into the sexual abuse of children was delayed today for legal teams to prepare for the case.

The judicial review at the High Court in Dublin was adjourned for one week so barristers could deliver opposition papers to the legal team representing Cardinal Desmond Connell.

The senior cleric secured a temporary order blocking the release of the files on Thursday.

Mr Justice Iarfhlaith O'Neill ordered that the interim injunction remain in place, and told both parties the court would work to facilitate the case as the work of a public tribunal may be held up.

Brian Murray, senior counsel for commission chair Judge Yvonne Murphy, said his party received the papers late on Thursday evening and had spent the weekend preparing opposition documents.

He told the court he would deliver his full set of opposition papers to Roddy Horan, senior counsel for the cardinal, by this Thursday and applied for the matter to be listed this day week. Mr Horan agreed with the application.

Cardinal Connell, the former archbishop of Dublin, had sought to stop his successor, Archbishop Diarmuid Martin, handing over certain legal documents to the Dublin Archdiocese Commission of Investigation.

It is understood the documents contained correspondence between the cardinal and his solicitor when he was archbishop between 1988 and 2004.

Some letters also relate to legal advice given after claims of child abuse were made, while others include discussions on insurance. The cardinal is claiming they are privileged or protected by solicitor-client confidentiality.

But victim support groups have branded the move a slap in the face for those awaiting the truth about paedophile priests.

More than 60,000 documents have already been handed over to the commission by Dr Martin, but the cardinal maintains he never agreed to it. The court action is based on the belief that certain documents, possibly up to 5,000, are confidential.

The Government set up the commission in 2006, after allegations were made against more than 100 priests who served in the Archdiocese of Dublin. It is examining the handling of allegations against a sample 46 priests, but cannot rule on guilt and will only make findings on the church's response to complaints.

 
 

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