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  More Paid to Lawyers Than Victims

By Maeve Sheehan
Irish Independent
March 28, 2010

http://www.independent.ie/national-news/more-paid-to-lawyers-than-victims-2114894.html

IRELAND -- 'Sunday Independent' poll calls for Cardinal Brady to resign as legal fees top compensation

CARDINAL Sean Brady's archdiocese has spent more on legal fees than on compensating victims of sex abuse by priests.

More than €600,000 has been paid to lawyers defending the Archdiocese of Armagh in 10 civil actions while victims shared compensation payouts totalling €562,000.

The disproportionate legal bill will further anger victims of clerical abuse as public opinion towards the cardinal hardens.

Three out of four people believe the cardinal should resign, according to a Sunday Independent opinion poll. Just over half believe that Pope Benedict, who faces allegations of covering up sex abuse in the US and in Germany, should resign. The scandal prompted a leading Vatican cardinal, Walter Kasper, to call yesterday for "house-cleaning" in the church but defended the Pope from "unjust" attacks.

Details of the cardinal's hefty legal bills follow a week in which the Church's legal strategy in defending abuse claims has come under intense scrutiny.

Earlier this month, Cardinal Brady apologised for his handling of complaints against the late paedophile priest, Brendan Smyth, after revelations that he made two children swear an oath of secrecy about what the paedophile did to them.

But last week a solicitor acting for a victim of Smyth said he was "frankly incredulous" at the cardinal's public expressions of remorse, given his defence of himself in legal proceedings.

The lawyer's remarks were contained in a letter sent to the cardinal last month asking him to withdraw his defence, if the expressions of remorse were sincere. Court papers showed that the cardinal "awaited proof" that the abuse ever happened, and denied that the he had any legal responsibility to the victim.

In a statement last week, the cardinal said he had asked his legal team to "progress the case" to work towards a "just resolution of the case".

However, the Sunday Independent opinion poll has revealed huge public dissatisfaction with the response of the Catholic hierarchy to the handling of clerical sex abuse. Seventy-six per cent said that Cardinal Brady should resign. Some of those polled said they felt that the cardinal was putting his own personal ambition ahead of the needs of those who were abused.

Respondents were divided on the issue of the Pope's resignation with 51 per cent saying that he should resign.

Some respondents said they believed the Pope had to be held responsible for the actions of the clergy, and the subsequent cover-ups, because he was the leader of the Catholic Church. The remaining 49 per cent believed the Pope should not resign, with some saying his departure would achieve nothing.

A statement issued to the Sunday Independent on behalf of the cardinal said he is facing "a number" of civil actions in which he is "being sued in his capacity as Primate of All Ireland, where no allegation is made against a priest of the Archdiocese of Armagh, nor that the alleged abuse occurred within the Archdiocese of Armagh".

The statement said allegations of sexual abuse have been made against five priests of the archdiocese but none are currently before the courts. One was convicted and is serving a prison sentence.

Civil actions against a second priest, who is now dead, have been settled. The archdiocese also paid compensation in relation to a third priest, without any legal proceedings being taken. The archdiocese doesn't face any other compensation claims.

Financial settlements with victims of abuse in respect of 10 legal actions amounted to totals of £180,000 (€199,000) and €363,000. The legal costs associated with those cases amounted to £276,341 (€306,000) and €300,641.

The money was paid from "existing unrestricted diocesan funds, which includes personal donations from the bishops and clergy of the Archdiocese of Armagh. There are currently no claims for compensation pending against the Archdiocese of Armagh."

Figures obtained by the Sunday Independent earlier this month showed that at least 335 priests and religious brothers sexually abused children in 18 of the country's 24 dioceses.

Ten dioceses, including Ferns, Dublin and Armagh, paid more than €18.35m to settle legal actions taken by victims. Legal costs in eight dioceses alone came to €6.6m.

The findings included 26 allegations of clerical sex abuse against priests in the Kerry diocese, but just one conviction.

Twelve civil actions were settled at a cost of €550,000 and four were pending. There were no outstanding child sexual abuse claims in the Galway diocese of the embattled Bishop Martin Drennan, who has resisted calls that he resign after being named in the Murphy report. Allegations were made against five diocesan priests since 1950. None were convicted but two civil cases were settled for €30,000 while legal costs came to €17,000.

The data was released to the Sunday Independent by 18 of the 24 dioceses earlier this month. The figures were compiled as part of the audit of clerical sex abuse in each diocese by the HSE.

The audit, which is due to conclude in the coming months, is aimed at establishing the prevalence of clerical sex abusers across all dioceses and its findings will inform any Government decision to extend the terms of the Commission of Inquiry to all other dioceses.

 
 

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