The Vatican had full knowledge of Cork priest Fr James Davern's history before arriving at its decree that the decision by his bishop, Dr John Buckley, to remove him from ministry was "null and void, lacking basis in law or in fact", a spokesman for Dr Buckley agreed last night.
He said that in giving detail of Fr Davern's history in a statement on Wednesday, Dr Buckley felt constrained from saying the Vatican was also aware of this history, for confidentiality reasons. "We can't go disclosing what came from Rome," the spokesman said.
There was no deliberate intention to give an impression that the Vatican was not aware of Fr Davern's history, he said.
In its account of the priest's history, the Wednesday statement said it "included a court conviction in 1999 for threatening use of a firearm against a member of the faithful". Fr Davern was fined £25 at Clonakilty District Court on March 2nd, 1999, on conviction of producing a single-barrelled shotgun in an unlawful manner likely to intimidate, in a dispute with a man at Barleyfield, Kilbrittain, Co Cork, on March 2nd, 1997.
The priest was also convicted of engaging in threatening, abusive or insulting words or behaviour in a manner likely to lead to a breach of the peace on the same occasion. Fining Fr Davern on the firearms charge, Judge Brendan Wallace also ordered him to pay £82 in expenses, while he marked the public order offence "taken into account".
Reports in recent days that the man involved in the dispute was a relative of a person who willed money to Fr Davern are understood to be wrong.
The spokesman for Dr Buckley also agreed last night that in canon law, and as pointed out in the Vatican decree of August 18th last, a bishop has a duty to provide for his priests.
On the sex abuse allegation made by Fr Davern, arising from his days at Farrenferris College in 1963, the spokesman emphasised that gardaí said the allegation was of physical assault and that this was what was brought to Dr Buckley's notice.
As to why then, as stated in Dr Buckley's statement, "having considered the matter fully, the bishop judged that there was not a credible allegation of child sexual abuse", the spokesman said such consideration took place as the allegation involved a teacher and pupil.
Garda sources have confirmed that the DPP recommended no prosecution following an investigation by gardaí of the allegation by Fr Davern. It is understood a file on the case remains open.
On Fr Davern's history, the Vatican Congregation for the Clergy decree said that "as for any 'aberrant' [its quotation marks] behaviour of which the priest [Fr Davern] is accused, he has provided full and convincing explanations."
It also said that "as to the sustenance required for clerics...the Rev Davern has been without his entitled sustenance since 31st January 1998. This matter is to be remedied immediately...."
Dr Buckley said in his statement that Fr Davern's "allegation was also made by him to the Laffoy commission, who did not entertain it".
The bishop's spokesman said last night that the diocese was contacted by the commission following a complaint by Fr Davern. The Laffoy commission (to inquire into child abuse) has only investigated abuse of children in reformatories and industrial schools.
