Report Into Clerical Sex Abuse Dublin Diocese
Vincent Shannon Solicitor Swords
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A Dublin lawyer has warned victims of clerical sex abuse that they need to act without delay if they are seeking compensation and to ensure that they invest in professional medical and psychological advice and assessments when instituting proceedings against the Diocese.
Within the next week or so, the High Court will determine whether the report of The Dublin Archdiocese Commission of Investigation into Clerical Sex Abuse should be published in full, in part, or at all. Prosecutions in the Criminal Courts are still outstanding. Archbishop Martin has said “This report will shock us all”.
Mr. Vincent Shannon, whose legal firm in Swords has assisted clients with such claims in the past, has said that the Statute of Limitations which was changed in 2000 has extended the period in which a person can claim damages for sexual abuse while under the age of 21.
“In Scotland more than 1000 plaintiffs sought compensation for abuse during the 1960s and 1970s. However they were met with the defence that the action was out of time. The House of Lords refused to allow the actions proceed as many years had passed since the abuse, holding that it would be prejudicial and unfair to the Defendants to have to defend the case in court,” he explained.
“In Ireland the legal position has been changed with the Statute of Limitations 2000. This extends the period in which a person can claim damages for sexual abuse while under the age of 21. The claimant must have been psychologically injured as a result of the abuse. This psychological injury must also be of such significance that their ability to make a reasoned decision to bring such action is substantially impaired.”
In the Act of 2000 it is made clear that a court can dismiss an action if there is a delay between the abuse and the bringing of the action as would not be in the interests of justice.
“The attitude of the Diocese, as well as the law since 2000 has changed, and the Diocese will deal sympathetically where a plaintiff can show a genuine case which merits compensation. You should proceed if evidence of sexual abuse can be shown, and if a report from a psychologist or psychiatrist can show the person’s psychological health has been significantly changed as a result of the abuse,” Mr Shannon explained.
Delay;
Delay is one of the predictable consequences of the trauma suffered. In a recent a Supreme Court case JR v. Minister for Justice, Ms. Justice Denham said “the test to be applied is whether there has been inordinate and inexcusable delay, and if so, whether on the facts, the balance of justice is in favour or against the case proceeding.
It is therefore a test of fairness, which is to be assessed on all the circumstances of the case, as a matter of discretion, by the courts, in the interests of justice.”
She went on to say “the court has an inherent jurisdiction to control its own procedures and to dismiss a claim when the interests of justice so require.
Also, the court has an inherent jurisdiction not to dismiss a claim when the interests of justice so require. The inherent power exists to promote the interests of justice.”
Kelly J. said in 2001, in dismissing a Goldenbridge case after fifty years, that is High Court case Kelly v. O’Leary, “most of the witnesses available to the Defendant have died. Non availability of witnesses must be taken into account. The Plaintiff’s medical records must be relevant in respect of the issue of causation of her medical complaints. Without them the Defendant is unable to properly investigate the cause of the Plaintiff’s mental distress. Actual prejudice has occurred to the Defendant by reason of the delay.
The Defendant has not contributed to this delay. There is here a real and serious risk of an unfair trial.”
