A lawyer criticised the Catholic Church for what he claimed was its obstruction in having the alleged Monageer sex abuse case, involving the late Father James Grennan, transferred to the High Court.
Barrister Mr Stephen Lanigan-O'Keeffe, who appeared for the appellant, Ms Fiona Gahan, Ferns, Co Wexford, told Wexford Circuit Court yesterday he had been obstructed in every procedural step of this application.
Before the court yesterday was an application for transfer to the High Court for discovery of documents in relation to the case.
Mr Lanigan-O'Keeffe told the court that the former bishop of Ferns, Dr Brendan Comiskey, and the current Auxiliary Bishop, Dr Eamonn Walsh, had not complied with an order for discovery of church documents.
The order was made at a July sitting of the court; Bishop Comiskey and Bishop Walsh had been allowed eight weeks to file the documents but neither had made any discovery.
The application for discovery of files, relating to the alleged cases of child sexual abuse in Wexford in the late 1980s, has now been referred to the High Court by Judge Pat McCartan.
Ms Gahan is suing Bishop Comiskey and Bishop Walsh, the Minister for Justice, and Attorney General.
It is alleged that Father Grennan, the late parish priest of Monageer, sexually abused Ms Gahan when she was 12 and other girls prior to their making their confirmation.
Mr Lanigan-O'Keeffe said there were supplementary affidavits before the court illustrating the ongoing medical effects on Ms Gahan, adding that it would be a substantive High Court action.
Ms Marguerite Bolger, representing Bishop Comiskey, asked that court restrictions on the media be applied. Mr Lanigan-O'Keeffe opposed the application.
Judge Pat McCartan said all business was to be conducted in open court, and that he had no jurisdiction to make such an order.
What is conducted in public should be heard in public, he said.
Ms Bolger said the up-to-date medical reports did not show any dramatic change in circumstances in relation to Ms Gahan, while Mr Tom Teehan, for the State, said the medical reports submitted to the court did not show any substantial change.
An order was also sought to make discovery of all documents involving Father Grennan, including the complete Garda file on the investigation of alleged sexual assault and other alleged assaults by him. A further order was sought against the chief executive officer of the South Eastern Health Board to make discovery of all documents including report(s) prepared by the board in respect of alleged sexual assaults and other alleged assaults involving Father Grennan.
In a statement last night the Diocese of Ferns communications office said: "A commitment was given in July 2002 by the Diocese of Ferns to fully co-operate with an order of discovery made at that time. Instructions to this effect were given to our solicitors. It is our understanding that this is happening in as speedy and thorough a manner as possible."