CARDINAL Desmond Connell’s celebration of his 82nd birthday next month could be marred by his legal wrangle with the man who succeeded him as Archbishop of Dublin. Cardinal Connell’s tenure as Archbishop of Dublin between 1988 and 2004 was marked by recurring and unchecked episodes of child sex abuse by priests and other religious personnel in the archdiocese.
His position of power while clerical sex abuse took place in his diocese is being examined by the State’s Commission of Investigation into Child Sexual Abuse in the Dublin Archdiocese.
Now the cardinal, who gave evidence to the commission in late 2006, is seeking to use legal manoeuvres to limit the work of the statutory investigation. But some people believe his action might blow up in his face.
In April 2004, when Cardinal Connell formally resigned as Archbishop of Dublin, his successor, Diarmuid Martin, declared that history would recognise he had acted in accordance with his conscience when handling the clerical abuse scandal.
Earlier the same month, at the Pro-Cathedral in Dublin, the cardinal asked for forgiveness from those he had offended.
He asked especially for forgiveness of those who suffered what he called “unspeakable abuse” by priests of the diocese and experienced a lack of care.
The appointment of Dr Connell as Archbishop of Dublin in March 1988, an unknown academic, came as a shock to many and was a serious disappointment to the Church’s liberal wing.
Respected moral theologian, Fr Enda McDonagh, described Dr Connell as a very strong man — his own man — but mistaken about what was needed.
“He has an old vision of the Church which goes back to his student days. He is not easily in touch with people or priests,” he said in a newspaper interview in March 2001.
Cardinal Connell was educated at Belvedere College, Dublin. His father, John, from Moycullen, Co Galway, was a civil servant who became managing director of the Irish Sugar Company. He died when Dr Connell, one of three sons, was 13 years old.
The cardinal was ordained a priest in 1951 and three years later, joined University College Dublin’s department of metaphysics, where the next 35 years of his life were centred.
He was unexpectedly appointed Archbishop of Dublin in 1988.
In 1995, he insisted no diocesan funds had been used to make secret compensation payments to sex abuse victims. He then made a botched attempt at “clarification” when Andrew Madden went public to say he had been paid €30,000 for his suffering at the hands of Fr Ivan Payne.
Dr Connell had lent the paedophile priest money to compensate his victims but later said that diocesan funds were in no way used for such purposes.
In 1997, he was taken to task for criticising President Mary McAleese for receiving communion in the Protestant Christ Church Cathedral in Dublin.
In January 2004, the papal nuncio made a surprise announcement that Dr Connell was to be made a cardinal. But the week before Dr Connell was officially made cardinal he was embroiled in further controversy for remarks made in a newspaper interview.
Apart from attacking intercommunion, he censured couples who lived together, criticised unrestricted immigration and called for the appointment of a Catholic bishop who would have direct contact with the government of the day.
Cardinal Connell participated in the 2005 papal conclave that elected Pope Benedict XVI. He is considered to be quite close to the Pope, both theologically and personally.
What is Cardinal Desmond Connell up to?
In the wake of the sex abuse scandals that came to light after the screening of the documentary Cardinal Secrets six years ago, Cardinal Connell pledged gardaí would get unlimited access to Church files.
The current Archbishop of Dublin Diarmuid Martin reiterated that promise and last June was ordered by the Dublin Diocesan Commission of Investigation to hand over all documents dating from 1975 to 2004 relating to claims of child abuse against a representative sample of 46 priests in the Dublin Archdiocese. He did so on January 15.
But Cardinal Connell is claiming that these documents are legally privileged and secured an interim High Court injunction blocking access to the files. A full judicial review challenge to the commission’s handling of the issue will be heard on Monday.
What is the basis for his legal challenge?
The Cardinal’s legal team is arguing that what is being sought by the commission is access to all Church files, which it claims was outside its statutory remit. It claims the majority of documents relating to child sexual abuse claims against diocesan priests “attracting solicitor-client confidentiality” were placed in the diocesan files while Connell was archbishop of Dublin and that the legal privilege attaching to those documents belonged to Cardinal Connell and could only be waived by him.
What is in the files?
Correspondence between the cardinal and his solicitor relating to legal advice given after claims of child sexual abuse were made.
Why is it happening now?
Even though Archbishop Martin swore an affidavit to hand over the documents to the commission in June 2007, Cardinal Connell told the court he only learned about this last November.
The High Court was told Archbishop Martin’s lawyers had reached agreement with the commission regarding the waiving of legal privilege for certain documents.
However, the commission had ordered the production of all the documents.
What does it mean for the Church?
The Church is open to claims of another cover-up.
It also has made public a highly embarrassing dispute between two of Ireland’s most senior clerics.
What does it mean for victims?
They say this creates more suspicion and poses the question — what is the cardinal trying to hide?
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