A High Court hearing is due to take place today into proceedings taken by the former archbishop of Dublin, Cardinal Desmond Connell, to prevent documents handed over by his successor from being considered by the Government's inquiry into allegations of sexual abuse in the Dublin Archdiocese.
Lawyers for Cardinal Connell (81) claimed at the High Court last week that some of the documents provided to the Dublin Archdiocese Commission of Investigation by Archbishop Diarmuid Martin were legally privileged. They secured an interim injunction until a full hearing on the matter today.
The injunction restrains the commission from examining the documents to determine whether they are privileged and/or are covered by a duty of confidentiality.
Over the weekend it was suggested that lawyers for the commission may seek an adjournment of today's hearing to allow more time to prepare their case.
The proceedings arise from an order by the commission last December compelling Archbishop Diarmuid Martin to produce to the commission all documents listed by him in an affidavit of discovery of June 2006.
That affidavit listed documents dating from 1975 to 2004 relating to claims of child abuse against a representative sample of 46 priests in the archdiocese.
Archbishop Martin delivered the documents in disc format on January 15th last, and the commission had indicated it intended to begin examining the documents from Monday last to decide whether they are, as Cardinal Connell claims, legally privileged or subject to a duty of confidentiality.
The commission had refused a request from Cardinal Connell's solicitor not to begin that examination process pending the outcome of the cardinal's legal action, Roddy Horan SC, for Cardinal Connell, told the High Court on Thursday.
What was being sought by the commission was "omnibus discovery" outside its statutory remit and the matter was urgent as the commission could be examining the documents now, counsel said. His client is elderly and the matter was "of great concern" to him, Mr Horan said.
It emerged during last week's High Court hearing that Cardinal Connell had given evidence before the commission on four occasions, and that at a hearing on October 5th his counsel expressed concern that the commission had a document which was covered by legal professional privilege when the cardinal had not waived his claim of privilege.
In a statement issued last week, Archbishop Martin said that "since its inception, the archdiocese has refrained from making any comment on the work of the commission. That policy remains unchanged."
He noted, however, "the overarching aim of all must be that of attaining a more accurate understanding of the truth concerning sexual abuse of children by clergy." He added that he hoped "that the legal matters which have now arisen will be dealt with expeditiously for all concerned, so that the commission can conclude its work."
To date, Archbishop Martin has handed over 66,583 documents covering the relevant period to the commission. The commission was set up by the Government in March 2006 to investigate how allegations of child abuse, made against priests in the Dublin archdiocese between January 1st, 1975, and May 1st, 2004, were handled.
Cardinal Connell was archbishop of Dublin from March 1988 until his resignation on April 26th, 2004, when Dr Martin became archbishop.
