Survivors of Waterford sex abuser Bill Kenneally have called on Minister for Justice Charlie Flanagan to outline what contingency plan he has regarding an inquiry into State handling of complaints against Kenneally if the matter is to be postponed to allow further criminal proceedings take place.
Jason Clancy, who triggered a Garda investigation into abuse by Kenneally (67) when he made a complaint in 2012, said a statement by Mr Flanagan that he cannot allow a commission of investigation to begin on legal advice was very disappointing for himself and other victims.
Mr Flanagan said while the Government had agreed in May 2017 to set up a commission of investigation into the handling of complaints against Kenneally by gardaí and other State agencies, the Government was obliged to take legal advice on how to proceed.
Legal concerns
The advice he had received from the Attorney-General raised legal concerns surrounding the fact that new victims have come forward to make complaints against Kenneally after he pleaded guilty and was jailed for 14 years for abusing Mr Clancy and nine others between 1984 and 1987.
There would be a legal obligation on the commission to disclose any information in its possession to anyone giving evidence to it, and this might compromise evidence that such persons might give in any criminal proceedings, said Mr Flanagan.
The complainants are entitled to have their complaints investigated, while any potential accused was entitled to a fair trial, but these rights could well be jeopardised if the Government was to proceed with its investigation into the handling of previous complaints against Kenneally, he said.
Criminal investigations are ongoing in respect of a number of such cases and files have been sent to the DPP in relation to several cases. Directions are awaited, and it would be inappropriate for the Government to undertake any action that would compromise these investigations or prosecutions.
“Therefore, even if a commission were to be established now, its work would be seriously delayed to allow for the completion of outstanding investigations and prosecutions. This would not be in the public interest, or in the best interest of those directly affected,” he said.
Mr Clancy said Mr Flanagan did not appear to appreciate the urgency of the situation given that three people, who could have had vital information about what he believed was a cover-up in the 1980s of abuse by Kenneally, had died in the past year.
"We know from our case that the parents of a boy went to gardaí in Waterford in the 1980s to make a complaint about Kenneally, but gardaí did nothing other than tell Kenneally to get help; both those parents died in the past year, as did Kenneally's uncle, Msgr John Shine.
“We know as well that gardaí contacted 100 people as part of their investigation into our complaints in 2012 and 2013 and 54 people made statements, but only 10 of us pressed charges – but any of those other 44 could come forward and press charges against him.
‘Justice delayed is justice denied’
“That means gardaí could potentially be investigating Kenneally for years to come, which means the investigation into the cover-up by the authorities could be delayed for years, and justice delayed is justice denied. What contingency plans has Charlie Flanagan to deal with that scenario?”
Mr Clancy said he could see no reason why the inquiry could not at least start hearing evidence from people – in private if necessary – while key witnesses were still alive, and if necessary wait until all criminal proceedings are disposed of before publishing its findings.
Fianna Fáil spokesman on Justice, Jim O'Callaghan, said the manner in which the Government had announced the inquiry well before it was possible to commence it was very disappointing for the victims who had come forward and seen Kenneally jailed for 14 years.
“The Minister must commence the inquiry as soon as the ongoing investigations and prosecutions are brought to a completion. The delays are genuinely causing huge stresses for the victims and they are anxious that a full commission of inquiry be established as soon as possible,” he said.
“It’s important that the concerns raised by the victims of Bill Kenneally are heard in full and that we get to the bottom of how these cases were handled,” said Mr O’Callaghan who, together with party leader Micheál Martin, met with the victims last year and pledged them their support.
