Friday, January 17, 2025

Franciscans go to High Court over sit-in at Clonmel church by prayer group

The Franciscan Order has brought a High Court action over an alleged sit-in of its Friary Church in Clonmel, Co Tipperary, by a prayer group which was allowed to temporarily hold services there.

The Abbey House Prayer Group signed a May 2023 temporary caretaker's agreement for the church with the SF Trust CLG which is the legal owner of the property and held for the benefit of the Franciscan Province of Ireland, the Order of Friars Minor and the Franciscan Brotherhood.  

The prayer group organised Mass to be held twice a week along with confessions.

On Thursday, Mr Justice David Nolan, following a one-side only represented application, granted Matthew Jolley BL, for the SF Trust, permission to serve proceedings over alleged trespass on prayer group officers, Joseph McCormack, secretary and Patrick O'Gorman, chairman.

The judge said he was satisfied there was a prima facie case. He said that while it has yet to be determined at trial it is alleged the defendants "decided to have a sleep-in in a building they do not own and have no right to be there".

In an affidavit, Fr Aidan McGrath, minister provincial of the Franciscan Province of Ireland and a director of the SF Trust, said that due to the diminishing numbers and age of its membership, the Province made the difficult decision to withdraw from Clonmel and the its church and friary despite the order's presence there since the 13th century.

There was also the cost of maintaining the physical fabric of the historic property which had rendered the ongoing opening and maintenance of the building "simply unrealistic" and this was widely communicated in January 2023, he said. Since then alone, some €160,000 has been spent on upkeep.

In March 2023, the Province was approached by a group of lay people in Clonmel, calling themselves the Abbey House of Prayer Group and represented by Mr O'Gorman and Mr McCormack.  They sought to keep the church open as a place of prayer with occasional liturgical celebrations.

Fr McGrath said a temporary caretaker's agreement was entered into with them which expressly said they should deliver up possession whenever required to.

Last October, following a review, the order decided it could not sustain keeping the church open with significant maintenance into the future including fixing of leaks, roof tiles, windows and the entire roof in the friary area.

Fr McGrath said following a meeting with the defendants, their solicitor wrote expressing a number of concerns and assertions as to why the church should remain open.  It was also suggested  a phasing down of services should be considered.

Vicar Provincial Fr David Collins agreed to extend the December 18th closing date to December 31st.

Sleep-in

After a final mass was celebrated on December 31st, Mr O'Gorman addressed those present and said they would not be handing back the keys and there was going to be a sit-in, Fr McGrath said.

The Bishop of Waterford and Lismore, Alphonsus Cullinan, spoke with the defendants on January 7th encouraging them to desist from the unlawful occupation but they refused, Fr McGrath said.  They also posted a sign at the church saying the Province was "seeking to bully the people to accept the decision as fait accompli which they will not accept".

It also stated they had taken steps to ensure the friary will remain open and that the "church belongs to the people of Clonmel and we intend that it remain so".  

The sit-in is also now a sleep-in, with people taking turns to continue it, the court heard.

Despite repeated requests to vacate, they have refused to do so, Fr McGrath said.

Correspondence has revealed the defendants had locked an internal door which could act as an additional fire escape for residents of an adjoining building, he said.  

Mr Jolley, for SF Trust, told the court the adjoining friary building houses non-nationals.  He said while his client had "every sympathy with the desire to maintain the faith", it also had obligations and there were also other churches in Clonmel.

Fr McGrath said the defendants had also suggested mediation but were told it was not possible to consider this while the sit-in continued.