22-10-2009
...
Lawyers acting for Justice Minister Dermot Ahern yesterday asked High Court judge Mr Justice Paul Gilligan to consider a new issue, which had not been brought to his attention when he heard the main case regarding publication of the report earlier this month.
The new issue is believed to concern potential criminal proceedings that could yet result from a current garda investigation, amid fears that elements in the report might jeopardise a possible prosecution.
Last week, Judge Gilligan ruled that all but one chapter, and 21 other references in the report relating to a particular priest, were to be excluded from publication in case it prejudiced criminal proceedings.
The ruling paved the way for the imminent publication of the vast bulk of the report.
But yesterday's intervention by Mr Ahern, following late night discussions on Tuesday with the Attorney General, the Director of Public Prosecutions and justice officials, will further delay publication of the long-awaited report.
The new matter had not been brought to Judge Gilligan's attention when he was asked, last July, for directions on whether the report could be published. The issue was also not raised at the three most recent hearings on the report.
The new issue is believed to concern potential criminal proceedings that could yet result from a current garda investigation, amid fears that elements in the report might jeopardise a possible prosecution.
Last week, Judge Gilligan ruled that all but one chapter, and 21 other references in the report relating to a particular priest, were to be excluded from publication in case it prejudiced criminal proceedings.
The ruling paved the way for the imminent publication of the vast bulk of the report.
But yesterday's intervention by Mr Ahern, following late night discussions on Tuesday with the Attorney General, the Director of Public Prosecutions and justice officials, will further delay publication of the long-awaited report.
The new matter had not been brought to Judge Gilligan's attention when he was asked, last July, for directions on whether the report could be published. The issue was also not raised at the three most recent hearings on the report.
Publication will point the way forward -- Martin
Irish Independant
The archbishop said he did not know when the report would be released, but added: "It's very interesting, this question was brought to the courts on September 8 and we are now six weeks on.
"It just goes to show that there is a very difficult balance that needs to be attained. My hope is, and I've said this on many occasions, the sooner the report comes out the better."
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