December 5th 2015

Reasons for non-action to date, (AS CONVEYED TO THE LEGAL AID BOARD) .

The abuse I received at the hands of Brendan Hynds took place between 1960 and 1968. I completed the Primary Certificate in 1964 and the Intermediate Certificate in 1967. At that time it was unthinkable to accuse any member of the clergy of wrongdoing of any kind. Even if a child were believed (assuming he felt able to tell his parents in the first place) there is no way in which working class people would ever consider or could ever afford taking any action (legal or otherwise) against the power of the Church.
This climate remained as for at least another twenty years.
I got married in 1974 and proceeded to have a family. While it occurred to me frequently to raise the abuse I had suffered as a child, I felt that any such matter would have to wait until such time as my children were older and the fallout from any such proceedings would not adversely impinge on them even by the most remote association.

In 2005 various reports on child sexual abuse were published and I realised that this horrible practice was widespread and was allowed to become so because of the failure of ordinary people to protest - those who did were not listened to and depicted as cranks - and because of the Church's role in covering up the abuse. It was because of reports such as the McCullough Report and the Ferns Report that I formally reported the abuse I had received at the hands of a priest.

Out of concern for the potential impact on my children of the matter becoming public, I indicated that I was not pressing for any action to be taken at that time.
However, I resolved there and then that when my youngest child was of an age I would seek justice for the abuse I suffered. In three months that child will be eighteen.

Late in 2014 I requested that the new bishop Francis formally investigate this matter and that he provide me with a copy of the file that contained my report in 2005. While he supplied the file (redacted in many parts), he confirmed that the matter was one for the Gardaí and was not the responsibility of the Church as the activities of the said priest were “criminal”. For this reason along with the desire to see the truth established I am now intent on proceeding against those liable in this matter. The priest in question perpetrated horrific acts against many young boys. I am not aware of any of those boys ever having got justice and I hope to set the record straight.

On August 14^th 2015 I sent the following correspondence to Bishop Francis which gave him an option on the entire sorry business should he so choose. While the prospect of legal proceedings didn’t faze me in the least I could always confirm that I tried to end this sorry business on a conciliatory note. If the Bishop accepted the bona-fides of my position as he surely did then he might just prefer the acknowledgement/apology scenario to the High Court situation wherein the attendant publicity would be unseemly and sensational.

 Bishop Francis,

I recently returned from a 600km pilgrimage from Madrid to Santiago. During the pilgrimage I reflected at some length on the issue of Brendan Hynds and your stance on this matter.

Upon returning home I went through the file once more. I re-read your letter dated 28 July 2014 in which you expressed your sorrow at my suffering at the hands of Father Hynds and then proceeded to wash your own hands of the matter by describing Father Hynds' activities as "criminal" and stating that “it is the Gardaí who investigate these matters”. Of course what this statement (conveniently and deliberately) failed to acknowledge is that without the cloak of the Alb and the Amice Brendan Hynds could not have committed his crimes. Indeed his vestments were the most powerful tools in his continued abuse of his multiple young victims.

As regards my own personal position, I can confirm that I have applied for legal aid to commence legal proceedings against the diocese. It has been confirmed to me that I am eligible for legal aid and a copy of my file is now held by the Legal Aid Board at Smithfield.

Although I will commence legal proceedings if that proves necessary, I am prepared to explore whether a compromise can be achieved, thereby obviating the need to litigate. To this end, I propose to take no further action in this matter, litigious or otherwise, if you agree to attend mass in Ballymahon (on a Mass date to be confirmed in advance), address the congregation, acknowledge the pain of the victims of clerical sexual abuse and apologise to them for the suffering they endured. I should be grateful if you would confirm your position on the above by the end of August 2015.

In conclusion, please believe me that my resolve to get a result on this matter is absolute. Bishop Francis, rest assured that I bear no animosity towards yourself or the Church in general. However, scores of boys’ lives have been very badly damaged because of this historical outrage and it is my ambition that some recognition be given to this fact by the source that caused it.

Kindest regards, etc.

Hereunder is the reply I received;

St. Michael’s,
Longford
3rd September 2015

Dear Mr. Walsh,

Thank you for your letter of August 14th.

I am sorry to learn that my letter of July 28th last year is now understood by you as a washing of my hands of your experience. This was not in any sense my intention. I offered to meet with you and also suggested that the diocesan designated person Sean Leydon be involved. I remain open and ready to meet with you. This would allow me hear your account of what happened and to be present to the suffering you continue to endure in consequence.

I will certainly consider speaking to the parishioners of Ballymahon, as you have suggested. It is a difficult pastoral call as to whether the specific mention of a deceased priest from the altar, in the context of abuse, would be helpful. My words could shock and reawaken past suffering for others who were abused and who are trying to live with this reality in their lives. I intend to take pastoral advice before making my final decision. As you know I have previously, through public announcement, invited people in the diocese who were abused through the actions of clergy to come forward. I am respectful of the unique journey each person must make in that situation.

A separate consideration is your thought of commencing legal proceedings against the diocese. Such a step can only be decided upon by you and I would not wish to become involved in any form of compromise that could impact on that decision. I hope you will understand my thinking in this regard.

In conclusion, I invite you consider again the possibility of coming to see me either by myself in a pastoral capacity or with the designated person who would hear and create a formal record of your experience.

I look forward to hearing from you.

Yours sincerely
Francis Duffy
Bishop of Ardagh and Clonmacnoise.

Having considered the Bishops invitation to a personal meeting I contacted him and confirmed that I would meet with him on a one-to-one basis only and would make myself available to suit his itinerary. He responded thus;

Dear Mr Walsh,

I would like you to be assured of my genuine desire to ensure that any person who was abused by a priest of this Diocese will know and feel that their disclosure is welcomed. I hope that it is known that I am available, and also that people with the appropriate skills are available to respond to the different needs that arise. I will continue to ensure that this message is communicated effectively and will welcome your observations on how this is best done.

I will be pleased to meet with you, by myself, here at St Michael's and suggest the following date and time, Tuesday 27th October at 7.00pm. If this is not convenient please contact my secretary. Peggy, at the above number, with a view to setting an alternative date that works for both of us.

I hope you will understand, for the pastoral integrity of our meeting, that your decision on the pursuit of legal action cannot be a factor which informs my decision on whether and how any particular parish outreach is made.

Yours sincerely.

Francis Duffy

Bishop Francis and The Prodigal met at his office at St. Michaels in Longford on Tuesday October 27^th as arranged. I have to say that I had anticipated more obfuscation and procrastination but after my opening salve of ten or more minutes the Bishop informed me that he had given consideration to avenues of approach towards resolving the issue.

I left the decent man in no doubt of the fact that when I left his office my course of action would be decided and that decision would in the main be fashioned by him.

There was the question of the sensibilities of former victims should old bad memories be re-awakened. Then there was the consideration of mentioning by name the paedophile offender despite the fact that he was long dead.

There was then the issue of his having to take ‘pastoral advice ‘on the matter. I advised him that he had 2000 years of ecclesiastical politics to fall back on and that I was merely a harmless layman.

The Bishop confirmed that having considered the matter at some length he had come to a decision to come to Ballymahon and address the congregation on the issue but that the difficulties would be considerable. Then I pushed my luck a little, but felt justified in so doing, on the time table for this activity.

Without hesitating the Bishop confirmed that it was his intention to come to both Ballymahon and Cloghan, in Offaly, in the first or second week in Advent. I had challenged him in previous correspondence as to whether he was man enough or priest enough to do the right thing on this matter. Now I had my answer!

We also agreed that his visit should be advertised through the medium of the parish newsletter in advance of his visit to enable interested parties to attend the Church for his visit.

I never questioned the possibility that the good Bishop might have secondary advice or any other influence which might bring about a change of heart or stance on this matter.

On December 3^rd the Bishop sent me the following letter:

“Dear Mr Walsh,

I write to tell you that I will deliver a public statement at the end of Mass in St. Matthew’s Church, Ballymahon, on Sunday 6^th December in which I will apologise for the abuse perpetrated by Fr. Brendan Hynds on boys in the parish.

Francis Duffy, 

Bishop of Ardagh and Clonmacnoise”

While I was a little surprised at the outcome I had no doubt about the sincerity of intent of Bishop Francis it nonetheless seemed incredible that a conclusion to the whole unfortunate saga now seemed to be at an end. There was nothing more to do but wait and be in attendance at Mass in Ballymahon on the date confirmed by the Bishop.

People who, for whatever reason, have occasion to apologise for the actions of one of their peers tend to minimise the extent of the damage done or intended. I hoped that the Bishop would tell it as it was and not try to justify in any way the horrific acts of one of his own.