Tuesday, July 20, 2010

Decision adjourned on publication of rest of Archdiocese sex-abuse report

The High Court has adjourned to December issues relating to publication of the remainder of the report of the investigation into the handling by Catholic Church and State authorities of child sex abuse allegations against clerics in the Dublin Archdiocese.

Mr Justice Paul Gilligan last year directed there could be publication of all of the report except for material dealing with two specific persons, plus all references to those same persons in the body of the report.

He made those directions to redact sections of the report because identification of the persons in question might prejudice criminal proceedings.

Today when the matter was briefly before the court Mr Justice Gilligan said that he was further continuing orders concerning individuals referred to in the report.

The judge, who noted that criminal proceedings have been brought against the individuals, said the orders were "to continue the balance" between the rights of the accused in a criminal prosecution and the public interest by having the report without any redactions.

The judge, after hearing submissions in private, further adjourned the matter to December 15 next when the matter would be reviewed again.

Last October, Mr Justice Gilligan ruled the report could be published with the exception of chapter 19 and all other references to a named person in that chapter. However in November, the judge made a similar order deleting all references to a named man, and that man's brother, in chapter 20 and other parts of the report.

He ruled certain material in that chapter should not be published until the court further directs and also ordered the man and his brother can both only be referred to as Rev -; Fr -; or Mr -.

The additional November order arose because of a decision of the DPP to issue warrants for the arrest of the man on October 2 and 5 last. The DPP's move came after the High Court had last July heard submissions related to publication.

The Commission of Investigation report for the Dublin Archdiocese deals with the handling of abuse allegations against a sample of 46 priests between 1975 and 2004 and was presented to the Minister, Dermot Ahern, last July.

The Commission, chaired by judge Yvonne Murphy and assisted by barrister Ita Mangan and solicitor Hugh O’Neill, began its inquiry in March 2006. After receiving its report, Minister Ahern, on advice from the Attorney General, sought directions on publication from the High Court.

SIC: IE