THE CLOYNE report may have to go back to the High Court as lawyers
strongly disagree in their interpretations of Mr Justice Nicholas
Kearns’s decision on what parts of the report may not be published at
this stage.
As the courts do not sit again until May 3rd, this would mean the report cannot be published before then.
In
his decision, President of the High Court Mr Justice Kearns ruled that
publication of a portion of chapter nine of the report, relating to one
priest, should be delayed until July 15th, when the matter is to come
back before him for review.
He said he was making the ruling so
nothing would be done that might prejudice the priest’s trial, due to
take place shortly.
Mr Justice Kearns emphasised he was not saying none
of chapter nine should be published but only those sections relating to
the individual priest.
He wanted to ensure any prosecution did not run
the risk of being derailed, he said.
He also gave liberty to all
parties, including the priest who was represented by counsel in court on
April 8th last, to apply to the court again should anything happen to
alter the circumstances.
A commission of investigation, set up by
the Minister for Justice, prepared the report into the handling by
Catholic Church and State authorities of allegations of child sexual
abuse against clergy operating in the diocese of Cloyne, which covers
most of Co Cork, between January 1st, 1996, and February 1st, 2009.
The
report, which consists of 26 chapters and relates to 19 clergy
againstwhom complaints were made, was presented to then minister for
justice Dermot Ahern on December 23rd last.
It followed a two-year
investigation by the commission, headed by Judge Yvonne Murphy, which
had also investigated the handling of clerical child sex abuse in the
Dublin archdiocese and which published its findings on what occurred
there in November 2009.
It had been widely expected that the
report would be published towards the end of last week but it emerged
that disagreement on Mr Justice Kearns’s decision, between counsel for
the priest concerned and counsel for the State, deepened as the week
progressed.
It is understood lawyers for the priest have been
arguing there are references, apart from chapter nine, which could
identify their client and which should be redacted.
On the other hand,
lawyers for the State have been arguing that parts of chapter nine
itself could be published in line with Mr Justice Kearns’s ruling.
Over
the weekend it became clear the report would not be published before
Easter and that it was increasingly likely all sides would return to the
High Court again for a further hearing before Mr Justice Kearns.
There
were also concerns expressed towards the end of last week by victims’
support groups that the report would be published this week in the
run-up to Easter.
They felt too many of their volunteers would not be
available over the holiday period to meet the expected increase in
demand on their 24-hour helplines following publication.