A former secretary to various bishops of the Diocese of Kildare and Leighlin, whose challenge to a decision to make her redundant was dismissed by the High Court last year, has brought fresh proceedings aimed at overturning the High Court's lifting of an order of 2003 that had restrained her removal pending the outcome of legal proceedings.
Mary Sheehy is seeking a declaration that Miss Justice Mella Carroll was wrong to set aside a 2003 High Court injunction made against Bishop Laurence Ryan in circumstances when he was deceased at the time of the hearing of Ms Sheehy's action in 2004 and "was not appropriately represented" by his personal representative at that hearing. She also wants any order "that is deemed lawful to enable due process".
Ms Sheehy (53), of Green Road, Carlow, was "treated disgracefully" and the Catholic Church was showing an "amazing enthusiasm" to lock her out of court, it was claimed by her counsel, Angela Heavey, when moving the application in the High Court yesterday.
The application was opposed by senior counsel Tom Mallon for the bishops, who described it as an abuse of process. He said the High Court had found Ms Sheehy's employment was lawfully terminated and the present application was to reinstate an injunction requiring that her salary and entitlements be paid. That application was identical to one rejected by the Supreme Court last July, he said.
Ms Heavey said her client had been "pushed into a situation by ruthless employers to accept an extortionate settlement or be impoverished through litigation". The conduct of the defendants had reduced her to dependency after 30 years of excellent service.
Ms Heavey said her side had "new evidence" which was "very damning of the defendants". Ms Justice Carroll's judgment involved "a paucity of reasoning" and was "not holistic" and the High Court had jurisdiction to set it aside, she argued. No evidence had been heard from the defendants and their only witness was the person who had "shafted" Ms Sheehy out of her job, Ms Heavey also argued.
After exchanges with counsel and the judge, counsel agreed the "new evidence" referred to was not set out on affidavit and she asked for an opportunity to do so.
Mr Mallon said there was a "totally improper" attempt to produce a case before the court through unsworn testimony and references to documents about which he knew nothing.
Mr Justice Peart said the motion had to be moved on evidence and he would not allow Ms Heavey introduce new material through submissions.
Although he considered it "highly unlikely" he could accede to Ms Heavey's application, he would, bearing in mind that Ms Sheehy felt very strongly about matters, allow an opportunity to Ms Sheehy to put matters on affidavit, with the proviso he would exclude irrelevant or inappropriate matters.
The judge made directions for the exchange of affidavits between the sides and returned the matter for mention to December 14th.
