Thursday, October 08, 2009

N.S. diocese faces civil suit alleging abuse

A man who claims he was molested by a Roman Catholic priest in Nova Scotia says he will file his own lawsuit instead of joining a $15-million class action settlement.

The man alleges he was abused in the mid-1970s when he was an altar boy at St. Paul's in Havre Boucher. The priest in question, Rev. Allan A. MacDonald, has since died.

A lawyer representing the man, Aaron Lealess, said both the Roman Catholic diocese of Antigonish and the archdiocese of Halifax will be named in the lawsuit, which he expects will be filed in Nova Scotia Supreme Court on Thursday.

Lealess said his client doesn't want to be a part of the out-of-court settlement for people who said they were sexually abused by priests in the Antigonish diocese since the 1950s.

He said his client is launching a civil suit in the hope of uncovering more information.

"He wants to know, what did the diocese know about this priest, were there any reports of abuse to the diocese?" said Lealess. "He feels that civil litigation allows him access to answers, a better investigation into what was known about the priest who abused him."

Lealess said his client was shaken by the news that the bishop who negotiated the $15-million settlement, Raymond Lahey, has been charged with possessing and importing child pornography.

"I think the opting out still might have happened, but the news about Lahey hinders victims' trust and belief in the settlement negotiated by Bishop Lahey," said Lealess.

Lealess said his client is seeking damages, but didn't specify how much money he wants.

Priest accused after settlement announced

Bruce MacIntosh, a lawyer for the diocese of Antigonish, said someone contacted him directly claiming abuse by Rev. Allan MacDonald. He didn't give details, but said this happened after the settlement was reached.

The $15-million settlement, announced last summer, was the result of a class action lawsuit spearheaded by Ron Martin, a Cape Breton man who said he was sexually abused by a priest as a boy.

Martin claimed the church, under instructions from the Pope, had a policy to keep sex-abuse allegations against priests secret. He also claimed the church, diocese and bishop sent priests from the Antigonish diocese for treatment for "sexual deviations," but kept it secret and didn't protect children.

The allegations in the class action suit have not been proven in court.

That lawsuit involved allegations of abuse by five priests. However, Lealess said the priest named by his client wasn't one of them.

Last month, the lawyer for Martin, John McKiggan, said there were 39 claimants and he had heard from more than 50 others inquiring about the settlement.

Their claims will be reviewed in private. Lawyers for both sides said the process will spare people a lengthy, public and often traumatic court hearing.

Under the terms of the deal, Martin, as lead plaintiff, can withdraw if too many victims come forward and tap into the fund. In addition, the diocese can withdraw if any victims decide to pull out of the class action to sue the diocese separately.
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