Lawyer says Pope was party to abuse cover-up

ITALY: A US lawyer has said he will press ahead with a lawsuit alleging Pope Benedict conspired to cover up the abuse of three…

ITALY: A US lawyer has said he will press ahead with a lawsuit alleging Pope Benedict conspired to cover up the abuse of three boys by a seminary student in Texas, despite the pontiff's request for diplomatic immunity.

"This diplomatic move has stopped the suit right in its early stages," said Daniel Shea, who represents one of three plaintiffs in the unprecedented civil suit.

"But there are various avenues we can go down depending on what the [ US] State Department does next," he said, adding that he hoped to take a deposition from the Pope as early as the end of this year.

The Vatican embassy in Washington filed a request in May for the US government to declare immunity for Pope Benedict as a head of state, according to documents provided by Mr Shea.

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Mr Shea called a news conference in Rome yesterday to announce he would pursue the case. The suit alleging the boys were abused in the mid-1990s was filed in June last year. Cardinal Joseph Ratzinger was named as a defendant in January, four months before he was elected Pope John Paul's successor.

He is accused of conspiring with the archdiocese of Galveston-Houston to cover up the alleged abuse by seminary student Juan Carlos Patino-Arango. US courts have issued an arrest warrant for Patino-Arango, who is on the run.

The lawsuit cites a letter Cardinal Ratzinger wrote for bishops around the world in May 2001, explaining that allegations of sexual abuse of minors would be handled by the Congregation for the Doctrine of the Faith, which he headed before becoming Pope.

A translation of the Latin letter provided by Mr Shea says grave cases involving sex with minors are the "exclusive competence" of the congregation and are "subject to the pontifical secret" for 10 years after the victims turn 18.

"The documents uncovered demonstrate a conspiracy to conceal these crimes after the fact," Mr Shea said.

The Vatican declined to comment. Legal experts said the pontiff, as head of the Vatican city state, automatically has diplomatic immunity. Mr Shea said he would argue the Vatican is a church, not a state.