Christian Brothers awarded costs in commission case

The High Court has awarded substantial legal costs, estimated at up to €1 million, to the Christian Brothers over the Congregation…

The High Court has awarded substantial legal costs, estimated at up to €1 million, to the Christian Brothers over the Congregation's challenge to proposed procedures of the Investigation Committee of the child abuse commission.

The costs related to the Congregation's legal bid to prevent the Investigation Committee making findings of abuse against deceased, elderly, infirm or untraceable members of the Order.

Mr Justice Abbott also granted two declarations to the Congregation, including a declaration that the Investigation Committee was acting in excess of the provisions of the Commission to Inquire into Child Abuse Act 2000 in not providing an interpretation of the terms of that Act relating to the corroboration and testing of evidence of witnesses.

He also declared that a requirement in the final ruling of the Investigation Committee of October 18th, 2002 and the Committee's Framework Document was in excess of the provisions of the 2000 Act. In the case of enquiries in relation to allegations of abuse against deceased and incapacitated persons, the Committee had required the respondent to provide a written statement as a precondition to the right to cross-examine witnesses.

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Because lawyers for the Commission had, during the legal proceedings, clarified issues relating to the aggregation of evidence, the judge said he would not make a declaration that the Committee's final ruling on the matter of aggregating evidence was invalid.

He noted counsel for the Commission had said that the Committee, in reaching any conclusions adverse to a person or body, would only rely on evidence which would be admissible in a civil court as evidence of wrongdoing.

Evidence of wrongdoing in one instance would only be considered in respect of a separate instance if that evidence would be admissible in a civil court hearing a claim regarding that separate instance.

In all other respects, the judge declared that the actions of the Commission were within the provisions of the 2000 Act.

While the Congregation had failed in its legal bid to prevent the Investigation Committee making findings of abuse against deceased, elderly, infirm or untraceable members of the Order, Mr Justice Abbott said the Congregation, through its proceedings and its securing of declarations in relation to how the Investigation Committee should do its work, had effected "a sea change" in the way the Committee would proceed.

The solution advanced by the court might not be the Congregation's preferred solution but the Committee would now be proceeding in a different way and it would be entirely wrong to say the Congregation was not substantially victorious in its claim, the judge added.