The Franciscan Order has brought a High Court action over an alleged sit-in at its Friary Church in Clonmel, Co Tipperary, by a prayer group which was allowed to temporarily hold services there.
The Abbey House Prayer Group signed a May 2023 temporary caretaker’s agreement for the church with SF Trust CLG, which is the legal owner of the property. The prayer group organised two weekly Masses along with confessions.
Mr Justice David Nolan, following a one-side only represented application, on Thursday granted Matthew Jolley BL, for the SF Trust, permission to serve proceedings over alleged trespass on prayer group officers Joseph McCormack (secretary) and Patrick O’Gorman (chairman).
The judge said he was satisfied there was a prima facie case. He said that, while it has yet to be determined at trial, it is alleged the defendants “decided to have a sleep-in in a building they do not own, and have no right to be there”.
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In an affidavit, Fr Aidan McGrath, minister provincial of the Franciscan Province of Ireland and a director of the SF Trust, said due to the diminishing numbers and age of its membership, the province made the difficult decision to withdraw from Clonmel, where it has had a presence since the 13th century.
He said there was also the cost of maintaining the physical fabric of the historic property, which rendered the ongoing opening and maintenance of the building “simply unrealistic”. This was widely communicated in January 2023, he said, and there has been €160,000 spent on upkeep.
In March 2023, the province was approached by a group of lay people in Clonmel, calling themselves the Abbey House of Prayer Group, and represented by Mr O’Gorman and Mr McCormack. They sought to keep the church open as a place of prayer with occasional liturgical celebrations.
Fr McGrath said a temporary caretaker’s agreement was entered into with them which expressly said they should deliver up possession whenever required to. Last October, following a review, the order decided it could not sustain keeping the church open, with significant maintenance required into the future, including fixing of leaks, roof tiles, windows and the entire roof of the friary area.
Fr McGrath said the defendants’ solicitor wrote expressing a number of concerns and assertions as to why the church should remain open. It was also suggested a phasing down of services should be considered. Vicar Provincial Fr David Collins agreed to extend the December 18th closing date to December 31st.
After a final Mass was celebrated on December 31st, Mr O’Gorman addressed those present and said they would not be handing back the keys and there was going to be a sit-in, Fr McGrath said.
The Bishop of Waterford and Lismore, Alphonsus Cullinan, spoke with the defendants on January 7th, encouraging them to desist from the unlawful occupation, but they refused, Fr McGrath said. They also posted a sign at the church saying the province was “seeking to bully the people to accept the decision as fait accompli, which they will not accept”.
It also stated they had taken steps to ensure the friary will remain open and that the “church belongs to the people of Clonmel, and we intend that it remain so”. The sit-in has become a sleep-in, with people taking turns to continue with it, the court heard. Despite repeated requests to vacate, they have refused to do so, Fr McGrath said.
Correspondence revealed the defendants had locked an internal door which could act as an additional fire escape for residents of an adjoining building, he said.
Mr Jolley told the court the adjoining friary building houses foreign nationals. He said while his client had “every sympathy with the desire to maintain the faith”, it also had obligations and there were also other churches in Clonmel.
Fr McGrath said the defendants had also suggested mediation but were told it was not possible to consider this while the sit-in continued.
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