THE administrator of Carlow Cathedral in the High Court yesterday stated that a man who has attended Mass in the cathedral all his life was attempting to "fossilise" the way people worshipped in the building.
Two weeks ago Mr Justice Barron granted an injunction preventing the removal of the cathedral's altars, altar rails and pulpit on the application of Mr Sean Connolly, Chapelstown, Co Carlow, who said he lived in the Diocese of Kildare and Leighlin and had attended Mass in the Cathedral all his life.
When the matter came before the judge yesterday he directed that the Attorney General consider whether it was appropriate that the proceedings continue and adjourned the action for four weeks. In the meantime, the injunction would continue, he said.
Mr Justice Barron, who described the case as "an unfortunate dispute" said there were two questions to be answered by the Attorney General, who was the protector of charities.
One was a question of fact and the other was a question of law. Did the removal of the fillings have the consent of the parishioners and did their consent impact on the public trust?
At yesterday's hearing of the action Father John Byrne, administrator of the Cathedral of Our Lady of the Assumption, Carlow, said Mr Connolly was attempting to fossilise the manner and fashion in which the congregation worshipped in the cathedral at a time and in a century which had moved on.
Mr Benedict O Floinn, counsel for Mr Connolly, said there was concern that the architectural features should be preserved. In an affidavit, Mr Connolly said the cathedral was one of the finest buildings in Co Carlow and rightly had been listed for preservation in the County Development Plan.
Mr Connolly said public subscription led to the commissioning and erection of a pulpit in memory of Bishop Comerford who died in 1895. It was made in Bruges.
The high altar was of white Sicilian marble and erected by parishioners in 1890. The very fine marble side altars were erected in 1903-1904, the gift of Carlow families.
The marble altar rails were the gifts of Mr and Mrs Michael Governey. They were over 98 feet long and spanned the entire width of the cathedral.
Mr Connolly claimed that since 1995, the present bishop had sought to remove those architectural features and make other unspecified changes and radically remodel the interior of the cathedral. The proposals, when announced, resulted in a great deal of pain and anger on the part of Carlow people.
Mr Martin Hayden, counsel for Father Byrne and the trustees of the Diocese of Kildare and Leighlin, said there was no precedent for involving the High Court in telling religious members of the Catholic Church what they could or could not do.
He claimed Mr Connolly had failed to establish the existence of any trust.