Twelve actions brought by alleged victims of a paedophile priest are facing months of delay due to a legal split between the Catholic Church and Co Down school where he taught, the High Court heard on Monday.
Claims over historic assaults inflicted by the late Malachy Finegan were put on hold after it emerged that the Diocese of Dromore and St Colman’s College will now be represented separately as joint defendants.
A judge was told cases listed for hearing this month may not be ready for hearing until the autumn based on a distinction between alleged abusers’ roles as clerics and teachers.
One dismayed former pupil of the grammar school in Newry later described the adjournment of his lawsuit as “deeply hurtful”.
The Diocese and the Board of Governors at St Colman’s have been jointly sued over a catalogue of alleged assaults perpetrated by Finegan.
The priest taught and worked at the school from 1967 to 1987, spending the last decade as its president.
He was accused of a long campaign of child sexual abuse but never prosecuted or questioned by police about claims made against him prior to his death in 2002.
In 2018 it emerged that the Diocese of Dromore had settled a previous claim made by one of his alleged victims.
At that stage the school condemned the physical, sexual and emotional abuse inflicted by Finegan while he worked there.
Since then a number of compensation claims have been settled, with damages paid out to plaintiffs who said the priest groomed and molested them.
In all related actions so far the Diocese has paid out to cover the costs of settlements.
But in court on Monday counsel for a man who alleges Finegan targeted him between 1979 and 1981 disclosed that the defendants were seeking an adjournment because separate law firms will feature in further proceedings.
Patrick Lyttle KC said: “The Diocese is now challenging the previous arrangements and saying that the College should take responsibility for these and other claims.”
A barrister representing the school’s Board of Governors, explained that a new interpretation emerged last month.
“The Diocese said ‘we have historically been dealing with these cases on the basis that abuse was allegedly perpetrated by Fr Finegan and other religious people,” Brian Fee KC submitted.
“But they began to look at it that some of this abuse was allegedly perpetrated in their roles as teachers, therefore the trustees and Board of Governors should take over some of the responsibility.”
Mr Fee told the court that a total of 12 similar actions have been identified.
“Realistically we are not going to be in a position to deal with these cases this side of the summer,” he added.
Describing the development as unfortunate, Mr Justice McAlinden indicated that the lawsuits are currently not ready to be listed for trial.
Requesting a further update in three weeks’ time, the judge added: “The distribution of any fault between the defendants (for the delay) is something that will have to be grappled with.”
Outside court one of the alleged victims, who has been granted anonymity, said it was the second time his claim for damages has been put back.
“The position taken is deeply hurtful. The emotional abuse is ongoing and all I want is to be heard and have this wrong righted,” he insisted.
His solicitor, Claire McKeegan of Phoenix Law, stated: “This case was ready for trial a year ago but now issues are raised at the eleventh hour to stymie our client’s hearing dates.
“The Diocese has said publicly they are sorry for the handling of the Finegan abuse scandal, but it appears hollow to our clients when such tactics are deployed to deny them getting justice.”