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  Archbishop Tight-Lipped over State of Relations with Connell

By John Cooney
Irish Independent
February 11, 2008

http://www.bishop-accountability.org/AbuseTracker/

ARCHBISHOP Diarmuid Martin last night refused to comment on his relations with Cardinal Desmond Connell ahead of today's High Court hearing on his predecessor's application to prevent examination of sensitive Dublin diocesan files.

Yesterday, Archbishop Martin presided at a World Day of the Sick service in Kimmage Manor.

The Archbishop would not say if he had made a pastoral visit in recent days to the 81-year-old Cardinal, who is currently receiving treatment at a nursing home in Raheny after suffering a fall two weeks ago in Rome.

Last December Archbishop Martin gave a disc containing 66,583 files to the government-appointed commission of investigation into the archdiocese's handling of clerical child sex abuse scandals.

But late last month Cardinal Connell's legal representatives secured a temporary injunction preventing the commission from beginning its inspection of the documentation.

Cardinal Connell's legal team has argued that some 5,586 of these files remain privileged to him. These are understood to include legal advice to Cardinal Connell, as well as insurance documents detailing financial cover taken by the archdiocese to meet claims from victims.

Contend

The commission, however, will contend that in obtaining the files from the present head of the archdiocese, Archbishop Martin, it was dealing directly with the lawful ecclesiastical authority, and in accordance with its powers from the Oireachtas to investigate how complains and suspicions of child abuse were dealt with, from 1975 to 2004.

Yesterday, Marie Collins, a victim, said that while she recognised that it was the Cardinal's right to take his action, she was convinced it would not be the right decision for him to pursue the case, and she appealed to him with withdraw his application.

Meanwhile, another victim of abuse in the Dublin archdiocese, Andrew Madden, last night revealed that only 21 out of 172 Dublin priests say they want Cardinal Connell to waive his right to legal privilege over secret diocesan files.

Speaking on the RTE radio programme 'Spirit Moves', Mr Madden said that last week he emailed 177 priests in the Dublin archdiocese asking them for a direct answer to a straight question about their attitude to the Cardinal's legal action.

Privilege

Mr Madden asked the priests that in the event of Cardinal Connell being successful in his High Court legal action to prevent the state commission of investigation examining over 5,000 files handed over by Archbishop Diarmuid Martin, should the cardinal waive his right to privilege.

Of those 172 who received his email, only 31 answered.

"Only 21 of those priests -- that is 12pc of the sample -- said 'yes' in favour of the Cardinal waiving his right to privilege," added Mr Madden.

"Two said no and eight waffled on about how difficult it was to give a straight answer."

Mr Madden was the first victim to speak out against his own abuse by Fr Ivan Payne, who was later found guilty and served a prison sentence.

These findings contradicted claims that "poor unfortunate priests have been raising their hands in horror at Cardinal Connell rushing to court," Mr Madden said.

 
 

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