Judge adjourns proceedings by former diocesan secretary

A High Court judge has adjourned to May 12th next proceedings involving a former diocesan secretary who lost a High Court action…

A High Court judge has adjourned to May 12th next proceedings involving a former diocesan secretary who lost a High Court action two years ago in which she challenged the decision to make her redundant from her position with the diocese of Kildare and Leighlin.

Mary Sheehy (53), Green Road, Carlow, was offered more than €200,000 by the diocese as compensation for the loss of her job but she declined the offer.

Mr Justice Michael Peart yesterday said he was adjourned proceedings relating to Ms Sheehy to allow her to advance an appeal to the Supreme Court against the High Court's rejection in 2004 of her case.

The judge said he expected that books of appeal would be lodged to the Supreme Court as an indication of Ms Sheehy's intention to proceed with that appeal.

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Earlier, the judge was told by Tom Mallon, counsel for the defendants, that although a notice of appeal was lodged by Ms Sheehy's side about a year ago, the appeal had not been advanced.

Last December, Mr Justice Peart said he would restrain Ms Sheehy from bringing any fresh challenge to her redundancy unless she secured special court permission. He was satisfied such a restraining order was necessary to prevent the court processes being abused and also found that a bid to reconstitute legal proceedings challenging the redundancy was "at its kindest, misconceived".

The proper thing for Ms Sheehy to do, the judge also said, was to speedily pursue her appeal to the Supreme Court against the original High Court decision rejecting her claim.

He also held that a court order of 2003 requiring that Ms Sheehy's salary continue to be paid had expired at the time of the 2004 decision by Ms Justice Mella Carroll setting that order aside.

Following the loss of her proceedings before Ms Justice Carroll, which were brought against the late Bishop Laurence Ryan and his successor, Bishop James Moriarty, Ms Sheehy last year initiated proceedings against Fr William Kemmy and Msg Brendan Byrne who are respectively diocesan secretary and vicar general of the diocese of Kildare and Leighlin.

Before the judge yesterday was a motion by the defendants to have the proceedings against them set aside as "frivolous and vexatious".