The High Court has reserved judgment on a challenge by the Christian Brothers to procedures which the Laffoy commission inquiry into child abuse in institutions proposes to adopt.
At the close of the seven-day hearing yesterday, Mr Justice Abbott said he recognised the matter was important and he hoped to give his decision within days. The commission and State have defended the proposed procedures and are opposing the order's application for a number of declarations, including a declaration that the procedures which the investigation committee proposes to adopt contravene fair procedures and natural and constitutional justice.
The Christian Brothers also argue that the commission cannot make findings of abuse against deceased, elderly, infirm or untraceable members of the order or those unable to give instructions.
It wants a declaration that a ruling of the investigation committee of October 18th last in relation to how it proposes to investigate allegations of abuse against such members of the order arises from an incorrect interpretation of the commission's powers under the Commission to Inquire into Child Abuse Act 2000. Alternatively, if the court rules the procedures are lawful under the Act, the order wants a declaration that the Act is unconstitutional.
The committee and the State have argued that if the court upholds the order's challenge, the investigation committee will be effectively unable to do its work. In closing arguments for the order yesterday, Ms James O'Reilly SC said that, if the investigating committee proceeded as proposed in the October 18th ruling, nothing would be put to balance those making allegations of abuse.
Where allegations were made against Brothers who were dead or untraceable, how was the order to defend those people in the absence of instructions?