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  Accused Priests Urged to Seek Legal Advice

By John Cooney
Irish Independent
April 5, 2006

http://www.unison.ie/irish_independent/stories.php3?
ca=9&si=1592774&issue_id=13879

PRIESTS accused of child sexual abuse or sexual misconduct are strongly advised to engage the services of a solicitor and seek advice from a canon lawyer.

This advice is offered to diocesan priests in a ground-breaking article in the current issue of the theological journal, 'The Furrow', that lifts the veil of secrecy on recent Catholic Church judicial procedures.

Titled 'Accused but innocent - what should a priest do?', the article spells out the rights of a diocesan priest in dealing with his bishop when first facing an accusation.

It is written by four priests and theologians working in the West of Ireland, Patrick Connolly, Eamonn Conway, Eugene Duffy and Enda Lyons.

"Many priests feel somewhat vulnerable at the moment," they write.

"They fear that if an accusation of sexual misconduct is made against them, they will be removed from their duties with great publicity, without due process, and without a proper defence or hearing."

The authors warn priests that the child sexual abuse scandals have introduced a new element of Church compliance to State, Garda and Court requirements into the traditional relationship between a priest and his bishop based on obedience within the confines of canon law.

"Apparently there is no going back. In fairness to himself the priest must be very aware of this."

If asked to 'step aside' by a bishop, it "would seem very unwise of you (the priest) to 'step aside' at least until after the preliminary investigation has been concluded, and you have seen the decree (with its supporting reasons) issued by the bishop concluding that investigation," the article counsels.

In cases where a preliminary investigation finds an accusation worthy of further investigation, the authors urge the priest involved not to enter into discussion on the matter with his bishop unless they have legal and canonical representation.

"Your representative should seek a precise clarification of what 'stepping aside' means in your case, and of the terms and conditions that would apply. They should remind the bishop of your entitlement to your good name and reputation and ensure that everything is done to avoid any defamation of your character".

If a priest agrees to 'step aside', he should secure 'an agreement' with his bishops that does not give up his rights, and itemises practical requirements.

If the bishop insists on the priest vacating his parish house, the priest should insist on appropriate alternative accommodation and his salary and benefits.

 
 

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