Hearing on diocesan file expected next month

THE legal battle over documents between Cardinal Desmond Connell and the commission investigating his handling of child abuse complaints is expected to be the subject of a full High Court hearing next month.

Mr Justice Iarfhlaith O’Neill said yesterday the court would do its utmost to facilitate an early hearing as he was conscious the work of a public tribunal “may be held up”.

The commission is investigating the handling of claims of abuse against a representative sample of 46 priests out of a total 102 priests in the Archdiocese of Dublin found to fall within its terms of reference.

Pending the outcome of the full hearing, the commission, chaired by Judge Yvonne Murphy, has undertaken before the court not to examine 5,586 of 66,583 documents given to it by Archbishop Diarmuid Martin, Cardinal Connell’s successor as Archbishop of Dublin.

Cardinal Connell claims the 5,586 documents — given to the commission by Archbishop Martin on January 15 last following a commission order in December — are either legally privileged or confidential.

He has also complained the documents the commission has sought include documents relating to matters concerning priests outside the representative sample of 46.

The commission says it wants to examine the documents to determine whether the claim of privilege is valid. It has expressed surprise about the extent of legal privilege claimed over documents relating to insurance matters, including, it is understood, documents concerning steps by the Dublin archdiocese to put an insurance policy in place against claims of child sex abuse.

The commission has denied Cardinal Connell’s claims that it acted unfairly towards him and had not informed him about discussions with the archdiocese as to how claims of privilege should be addressed.

The commission said it was only recently that Cardinal Connell had raised a claim of personal privilege over the documents.

Last Thursday, after the commission refused to give an undertaking to Cardinal Connell’s solicitor not to examine the documents pending the outcome of proposed legal proceedings, Cardinal Connell, represented by Roddy Horan SC, secured an interim injunction against the commission examining the documents.

The matter was returned to court yesterday when Brian Murray SC, for the commission, said his side had received the papers in the case late on Thursday and had spent the weekend preparing their opposition.

He said he would serve full opposition documents by Thursday and wanted the case adjourned to next Monday with a view to fixing an early hearing date.

Counsel said the forthcoming application to continue the injunction could be treated as the full hearing and the commission would undertake not to examine the documents pending the full hearing.

Mr Horan, for Cardinal Connell, said he agreed with the procedure proposed.

Shane Murphy SC, representing Archbishop Martin, said he wanted to see all the legal papers before deciding whether to apply to be joined as a notice party. Mr Horan said the papers would be given to Dr Martin’s side.

Mr Justice O’Neill indicated the court would facilitate an early hearing and adjourned the matter to next Monday.