Papers to be issued following delay in Finegan victim payout

THE solicitor acting on the part of several men abused by the prolific paedophile priest Malachy Finegan has confirmed her office will be issuing papers against the Diocese of Dromore.

 Claire McKeegan  of Phoenix Law made the comment in the wake of the diocese missing a deadline by which compensation payouts were to be issued to her clients.

As much as £1.2million pounds was earmarked in compensation by the Diocese at the 11th hour before court proceedings were due to take place in September of last year. 

Had this not have been agreed upon it would have been the first time that a case against the prolific paedophile priest would have been heard in court.

However in spite of signing a legally binding agreement the Diocese failed to issue the payment to  five men whom Finegan abused between 1972 and 1984 whilst he worked at Saint Colman’s College by the target date of December 22.  

   It is understood that Diocese is currently seeking court advice regarding whether it can tap into restricted trust fund to the value of £26 million to help cover the cost of the payouts.

However if this is the cause of the delay Mrs McKeegan, who is widely recognised as one of Northern Ireland’s leading Human Rights Lawyers, states that this is a matter the Diocese should have looked into many years ago.   

Delayed Payments

“The applications to set aside the trust fund should have been made many years ago” said Mrs McKeegan.

“These are serious high loss and high damage cases. Lives have been ruined. The church has been on notice for many years now regarding its mishandling of Finegan and the scores of victims and yet turn up at trials seeking adjournments and now missing agreed payments to survivors signed of by the Archbishop.

“ Legally binding terms were agreed and executed between our clients and Archbishop Martin. We chased payments and got a response eventually just before the deadline to say they were not in funds and we can claim interest per one of the terms of our agreement. That provides no comfort to our clients.”

Preparing Papers

Mrs McKeegan went on to explain how her firm is now preparing to take action against the Diocese to enforce the agreed upon payments , which may result in further costs being inncured by the church.

      "We have been preparing papers for enforcing the agreed payments to our clients which will be lodged with the court immediately when it reopens.

“This will result in further costs being payable by the church and school for the delay and further additional pain and suffering for our clients who went through years of litigation to achieve their settlements at the door of the court."  

Slap in the face

In the wake of this development one survivor who cannot be named for legal reasons implored Archbishop Eamonn Martin to do the right thing describing the Diocese’s missing of  the deadline for administration of the payments as a further slap in the face.

“As survivors we have a sense of deep hurt and betrayl. It had been a long hard battle to secure the settlements thanks to the tireless work of Claire McKeegan & Phoenix Law who were the only ones to show empathy and support throughout the struggle to be heard by the church. The failure to uphold the settlement agreed is a further slap in the face.

“We had no indication that this was to happen and that has left Christmas a time of bleakness and further anxiety.

“We ask Archbishop Martin to do the right thing morally and legally and complete the settlements agreed in September.”

Selling of assets

Whilst the £26 million which the Diocese of Dromore has in restricted trust funds could be used to help cover the cost of compensation payouts, the Dioecese has also resorted to selling of various assets in its possession to help front the bill to victims and survivors of clerical sexual abuse.      

  At the forefront of this is the bishops house and affiliated acreage which had been on the Market for two years.

Whilst a buyer has been secured for the  bishop’s house the acreage has still yet to be sold of.

 The Newry Democrat contacted the Diocese of Dromore to learn if a definitive timeline has been put in place for when a payment will be administered to those represented by Phoenix Law.

We have yet to receive a response at the time of this paper going to print.