The High Court has upheld the constitutionality of provisions of the Commission to Inquire into Child Abuse Act 2000 on the right to pursue complaints of abuse against dead and incapacitated people.
Mr Justice Abbott yesterday expanded on a lengthy judgment delivered by him last October which cleared the way for the investigation committee of the commission to proceed with its work, and dismissed a challenge by the Christian Brothers Congregation to procedures which the committee proposed to adopt.
In particular, the judge rejected claims by the congregation that the committee cannot make findings of abuse against deceased, elderly, infirm or untraceable members of the Order or those unable to give instructions. The commission had refused applications on behalf of religious congregations to have its proposed procedures reviewed by the High Court, and legal proceedings were then taken on behalf of the Christian Brothers, challenging the final ruling of the investigation committee, on October 18th, 2002.
