Former archbishop of Dublin Cardinal Desmond Connell, has withdrawn an attempt to stop documents handed over by his successor from being considered by the Government's inquiry into allegations of sexual abuse in the Dublin Archdiocese.
Cardinal Connell had previously secured a temporary order blocking the release of the Church files
The withdrawal of the legal challenge avoids a potentially bitter court battle involving Cardinal Connell and current Archbishop Diarmuid Martin.
The judicial review at the High Court in Dublin was struck out today after lawyers for the two clerics agreed to seek a resolution.
The proceedings arose from an order by the Commission of Investigation into Clerical Sex Abuse last December compelling Dr Martin to produce to the commission all documents listed by him in an affidavit of discovery of June 2006.
That affidavit listed documents dating from 1975 to 2004 relating to claims of child abuse against a representative sample of 46 priests in the archdiocese.
Dr Martin delivered the documents in disk format on January 15th last, and the commission had indicated it intended to begin examining the documents from Monday January 28th, to decide whether they were, as Cardinal Connell claims, legally privileged or subject to a duty of confidentiality.
Cardinal Connell secured a temporary order more than a week ago, blocking the release of the church files. The cardinal claimed they are privileged or protected by solicitor-client confidentiality.
Mr Justice Iarfhlaith O'Neill struck out the case today after Roddy Horan, senior counsel for the cardinal, said he would like to withdraw the application.