'Church have many more questions to answer'-Cllr Cubitt

Over a week after the publication of the Police Ombudsman's report, fallout is continuing over the alleged involvement of Fr James Chesney in the attacks, which 38 years ago claimed the lives of nine people in the County Londonderry village.

The Ombudsman's report centred on the police handling of the investigation into the attacks and an apparent cover up between the Church, state and senior commanders of the RUC to obscure the involvement of the priest.

Allegations within the report that Fr Chesney was involved are based solely on RUC intelligence, a fact that has led former Bishop Edward Daly, who questioned the priest, to conclude that the report is flawed on this basis. Bishop Daly has expressed his view that there was no cover-up and that he does not believe that Fr Chesney was responsible.

But, Leslie Cubitt in conjunction with his brother Lyle, a former solicitor, have compiled a lengthy analysis of the Ombudsman's findings and have concluded that a lot more questions need to be put forward in relation to the Claudy attacks.

With regard to the report Mr Cubitt queries whether or not the Catholic Church asked for any opinion from the churches own legal system. He said: "Was any opinion obtained from a canon lawyer? Had the Cardinal (Cardinal William Conway) no power under canon law to act? Does the canon law of the Roman Catholic Church not provide for investigation of priests who are suspected of involvement in murder?

"The report says that Cardinal Conway described Fr Chesney as a 'very bad man'. In the light of this apparent admission can one seriously accept the failure of the Catholic Church to defrock him and how could denials of his involvement be accepted at face value?"

Mr Cubitt also asked that if canon law was consulted in relation to Fr Chesney, then do files exist in relation to it, where are they stored and at what level the investigation took place?

Canon law 1,397 refers to: "One who commits murder, or who by force or by fraud abducts, imprisons, mutilates or gravely wounds a person, is to be punished, according to the gravity of the offence, with the deprivations and prohibitions mentioned in canon 1,336."

The list of 'Expiatory Penalties' listed in canon 1,336 lists within its remit: "A prohibition against residence, or an order to reside, in a certain place or territory."

Another measure states: "A penal transfer to another territory."

The Sentinel did pose questions in relation to canon law and its possible deployment with relation to Fr Chesney to the Derry Diocesan press office on Monday. A church spokesman replied: "All relevant material has been shared with the Police Ombudsman."

Leslie Cubitt said: "The Catholic Church denied for years any abuse of children. Priests were moved all over the place-to America, to England, in relation to that issue. So, is the fact that Fr Chesney was moved any different in that respect?"

Mr Cubitt also queried why the Police Ombudsman's report into Claudy took almost a decade to produce. He said: "Were they waiting for some potential witnesses to die?

"I am calling for a proper public inquiry into the Claudy Bombings. I would also ask how much the Ombudsman's report cost, but what it certain is that any public inquiry would not cost as much as the Saville Report."

The UUC Councillor also backed an investigation by the PSNI Historical Enquiries Team (HET). Last week it was revealed by the PSNI that an investigation into Claudy is now in the hands of the HET under its wider remit.

Mr Cubitt also expressed anger that the Ombudsman's report is critical of the RUC. Whilst the report concludes that the RUC could not have prevented the Claudy attacks it does state: "Intelligence which the RUC obtained in the weeks and months following the Claudy bombings presented significant investigative opportunities which were not pursued in relation to Father James Chesney's alleged involvement in the atrocity."

But, Mr Cubitt contends that RUC officers on the ground were "thwarted" from carrying on their investigation and they were "betrayed and sacrificed by their own government."

Mr Cubitt's brother Lyle said: "The finding is an unjustified slur on the many brave officers who wore the dark green uniform and who suffered for their integrity and loyalty to duty in the face of betrayal by the government."

Leslie Cubitt concluded by querying the absence of the First and Deputy First Minister at the launch of the report into Claudy and asked why clergical representatives from both sides of the community were not there either.