The Christian Brothers have said they will reflect on the detail of Mr Justice Abbott's lengthy judgement in the High Court yesterday before deciding whether to appeal it to the Supreme Court.
In a statement last night, they repeated that their challenge to the Laffoy Commission did not represent any withdrawal of co-operation, which had continued.
Their main concern was "the right to fair procedures for all," involving "issues of human, legal and constitutional rights," they said.
Explaining the reasons for the High Court challenge, the statement said it had taken place because "the Laffoy Commission decided to name living and deceased persons whom it considers responsible for abuse."
It added: "It is patently obvious that deceased, untraced and incapacitated people are unable to offer any defence against such allegations. Secondly, and closely linked to this, is the issue of the lapse of time, extending over 60 years, between the alleged offences and the allegations made before the Commission."
It continued that "the inability to offer any defence of deceased, untraced and incapacitated persons and the danger of prejudice arising from the lapse of time will undoubtedly render findings by the Commission unsafe. Nevertheless, the Laffoy Commission's procedures determine that the naming of persons and the making of findings, despite the lapse of time, will be a matter of 'the rule rather than the exception'."
The Brothers said they regarded this as a real threat to human and civil rights in a modern civilised democracy.
"This would be especially so when findings are made in regard to cases that have been investigated by the gardai and not pursued by the DPP or have been before the courts and findings of innocence handed down."
The Brothers lodged their legal challenge on October 18th last year.
In a statement last February, concerning that challenge, they said that "the Christian Brothers recognise that incidents of abuse did take place in their institutions. In March 1998 they issued a public statement of regret to any one who had suffered abuse in their institutions and supported this by offering a number of supportive services to their past-pupils and others." They had also contributed to the State redress scheme.
They continued that "a person who has been abused has an inalienable right to justice. The Christian Brothers support this right".
However, they were "also aware that the overwhelming majority of Brothers accused before the Laffoy Commission vehemently assert their innocence. Those accused also have a right to justice, to the presumption of innocence and, therefore, to be allowed in a fair manner, to answer the allegations against them," they said.
It was "of vital importance that the rights of the complainant and the rights of those accused be respected."
