Men say diocese liable for abuse

A legal action in which three men allege they were sexually abused by a priest in the diocese of Ferns, and that the diocese …

A legal action in which three men allege they were sexually abused by a priest in the diocese of Ferns, and that the diocese is liable for the alleged abuse, was described by a High Court judge yesterday as "extremely important".

Mr Justice John Quirke asked counsel in the cases, in which all three are suing Fr John Kinsella and the Diocese of Ferns, for written submissions on the issue of vicarious liability.

The judge is hearing all three cases in tandem and was told yesterday that they are expected to run for three to four more weeks, meaning they will continue into the next law term which begins on June 6th next.

The actions have been brought by Patrick Doyle, an Eircom technician, Bellefield, Enniscorthy; Mr Doyle's brother, Anthony, and Paul McGannon, The Ballagh, Enniscorthy.

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Fr Kinsella has denied the allegations against him while the diocese contends the action is statute barred because of the delay in bringing the proceedings.

A number of persons attached to the diocese have been subpoenaed to give evidence in the case.

Yesterday, John Peart SC, for Fr Kinsella, continued his cross-examination of Mr McGannon who alleges that Fr Kinsella, then a curate in the parish of The Ballagh, Enniscorthy, sexually assaulted and battered him between June 1993 and July 1994, when he was a schoolboy.

Mr McGannon has claimed that in July 1994, Fr Kinsella and another man were in the sitting room of the parochial house.

Mr McGannon claims the other person caught him by his upper body, that Fr Kinsella unbuttoned his trousers and that he was buggered by Fr Kinsella.

Prior to that incident, Mr McGannon alleges that Fr Kinsella had committed acts of gross indecency upon him at the parochial house and in Mr McGannon's own home.

Mr Peart told the judge he intended to establish in cross-examination that the allegations made by Mr McGannon against Fr Kinsella were baseless.