CARDINAL Desmond Connell is challenging the production of files, claimed to have legal privilege, to a commission of investigation on the handling of complaints of child abuse against Dublin clergy, the High Court heard yesterday. The cardinal, who is a former Archbishop of Dublin, yesterday secured an interim injunction restraining Dublin Diocesan Commission of Investigation from examining the files to decide whether they attract legal privilege and/or a duty of confidentiality.
The proceedings arise from an order by the Commission last December compelling the current Archbishop of Dublin, Diarmuid Martin, to produce all documents listed by him in a sworn statement (affidavit) of discovery in June 2006.
Abuse
That statement listed documents dating from 1975 to 2004, relating to claims of child abuse against a representative sample of 46 priests in the Dublin Archdiocese. Archbishop Martin delivered the documents in disc format on January 15 last.
The Commission had indicated it intended to begin examining the documents last Monday to decide whether they are, as Cardinal Connell claims, legally privileged or subject to a duty of confidentiality.
The Commission, set up by the Department of Justice, has refused a request from Cardinal Connell's solicitor not to begin that examination process pending the outcome of the Cardinal's legal action.
What was being sought by the Commission was "omnibus discovery'' outside its statutory remit and the matter was urgent as the Commission could be examining the documents now, counsel for the Cardinal said.
Counsel secured leave to bring a judicial review challenge to the Commission's handling of the discovery issue.
The proceedings have been brought by Cardinal Connell, who was abroad and not due to return to Ireland until tomorrow, against the members of the Dublin Archdiocese Commission of Investigation.
The cardinal claims the commission's actions on the documents are outside its terms of reference and breach his constitutional rights and fair procedures.
The commission has disputed whether privilege does in fact attach to certain documents over which privilege has been claimed. It is believed the documents include legal advice to the diocese following claims of child sexual abuse as well as insurance policies in relation to child abuse claims.
Cardinal Connell's solicitor said in an affidavit that the cardinal was unaware until recently of discussions between the commission's solicitors and Archbishop Martin's solicitors relating to the documents or of an agreement between the commission and Archbishop Martin as to how issues of privilege should be determined.
The solicitor said he had expressed concern that the commission, without Cardinal Connell's knowledge or participation, had discussed with Archbishop Martin's lawyers how the claim of legal privilege would be verified.
The commission had denied any unfairness to Cardinal Connell.
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