Ex-cleric settles his court case over RTÉ broadcast

A former Catholic archbishop has settled his High Court action alleging he was defamed and wrongly depicted as a paedophile in the May 2011 RTÉ Prime Time Investigates: Mission to Prey programme.

RTÉ deputy director general Kevin Bakhurst insisted afterwards the broadcaster had paid “no damages, whatsoever” to Richard Burke under the settlement, but had made a “contribution” to his costs.

In a statement after the settlement, Mr Burke’s solicitor Robert Dore said his client was a “man of truth”, who had “consistently and vehemently” denied allegations he had underage sex with Dolores Atwood. The settlement meant Mr Burke has “no exposure to costs”, the statement added.

Mr Burke, 66, a native of Co Tipperary, was ordained a priest of the Kiltegan Fathers in 1975 and afterwards served as a priest, bishop and archbishop in Nigeria until he resigned as archbishop of Benin city in May 2010 over failure to adhere to his vow of celibacy.

In his proceedings, he alleged the programme, broadcast on May 23, 2011, wrongly presented him as a paedophile who sexually abused Ms Atwood when she was aged 13 and had sex with her when she was 14. He said the first time he had sex with Ms Atwood was when she was 20 and he was 40. He also claimed he paid her €176,000 after she “leaned” on him, because he feared she would disclose their relationship.

RTÉ denied it defamed Mr Burke and pleaded the programme did not mean he was a paedophile. It pleaded the programme meant he sexually molested Ms Atwood when she was 13 and had sex with her at 14 and said it stood over those claims.

It said Ms Atwood would say she was given sums of money over a period of years to withdraw complaints she had made to the Kiltegan Fathers and the congregation in Rome about Mr Burke and she regretted taking the money.

The case began last week and was entering its eighth day when the jury was told the case had been settled.

The settlement came after the jury had heard evidence over three-and-a-half days from Mr Burke and about 30 minutes evidence from Ms Atwood, who had travelled from Canada with her husband Chris for the case.

During her evidence, Ms Atwood, 45, said she met Fr Burke in 1982 and he had kissed her and touched her “inappropriately” on the breast when she was in hospital in Nigeria in 1983. Shortly after she began her evidence, Mr Burke’s lawyers objected to aspects of that and the jury were sent away while legal argument ensued. Talks between the sides began later and the jury were told just before noon yesterday the case had been settled.

Paul O’Higgins SC, for RTÉ, read a statement on behalf of the broadcaster . RTÉ accepted it had incorrectly stated in the programme Mr Burke had declined to be interviewed for the programme “and for that it apologises”. RTÉ acknowledged Mr Burke has “consistently and vehemently” denied the allegations and had done so throughout his evidence at the hearing.

It added that Ms Atwood “stands over her allegations and RTÉ considers her a sincere and honourable person”.

RTÉ and Mr Burke had agreed the matter was now closed. Ms Justice Iseult O’Malley struck out the case with no order and discharged the jury.

After the judge rose, a clearly upset Ms Atwood was comforted by lawyers and others on the RTÉ side.