COULD SILVERSTREAM WHISTLE BLOWER TAKE TOM DEENIHAN TO COURT?

My Dear + Tom,

I direct your attention to what is in effect a piece of on-line marketing by a Florida-based attorney, Mr. Adam D. Horowitz. An on-line search of the Directory of the Floridian Bar confirms that the said Mr. Horowitz is “eligible to practice law in Florida. His Bar number is: #376980. And, is his registered address is: 110 E Broward Blvd Ste 1530 Fort Lauderdale, FL 33301-3544. Moreover, there are no disciplinary proceedings that are on-going against Mr. Horowitz according to the website of the Florida Bar.

Within his LinkedIn profile, Mr. Horowitz self-describes as a “Sexual Abuse Attorney”. Therefore, his area of professional expertise is representing victims of sexual abuse, sexual assault, victims of child sexual, and sexual misconduct. In light of his experience in the area, I invite you to read the link on his professional website.

It is, of course, an inescapable and undeniable fact that Mr. Horowitz is perfectly free to market his professional legal service in this manner. This is, of course, done in a manner that those of us on this side of the Atlantic Ocean find distasteful, predatory, and opportunistic. But, litigation is a culture-bound reality; so what works for attorneys in the US will definitely not work for attorneys in the Republic of Ireland.

It is not beyond the realms of possibility that Mr. Horowitz might be issuing proceedings against the Diocese of Meath [Roman Catholic Diocese and Parishes of Meath; Other registered names: Curia and Parishes of the Diocese of Meath. Registered Charity Number (RCN): 20015176] and instructing senior counsel to ventilate certain matters with respect to Dom Mark Kirby before the Irish Courts.

As the Roman Catholic Ordinary of the Diocese of Meath, I invite you to contemplate the following scenario(s). Just imagine, if Dom Benedict Andersen and/or any other individual decides to issue proceedings in the United States alleging they are victims of Dom Mark Kirby’s sexual misconduct while he [Kirby] was a priest of the Oklahoma-based, Diocese of Tulsa; they could obtain a civil judgment in the USA and then seek to enforce the judgment in Ireland.

After all, St. Finian’s Trust has control over what can be described as a cornucopia of significant property interests in some areas of land that are highly desirable for residential development in order to satisfy the ever-expanding Dublin commuter belt. These properties could be liquidated in order to satisfy the judgment(s) of the US court. Just think about that reality for a moment! With your doctorate in education from the University of Hull — I do not need to set out the implications of that reality. However, it might serve you well to get in contact with the solicitors who act for the diocese to set your mind at rest.

Bishop Deenihan, I have repeatedly written to you about Dom Mark Kirby. You have wilfully and deliberately ignored all my correspondence. American lawyers can be notoriously aggressive. They are driven by breathless rapacity, because America is after all the home of the DOLLAR. Irish Courts will give effect to a judgment of a US court provided all the necessary procedures and protocols are followed with exactitude. Just because you are Mullingar-based does not mean you are immune to and/or insulated from Kirby’s past actions in the United States. This is now has the potential to get very ugly, very nasty, and potentially very expensive in the future. All of which could have been avoided if you had not been so intransigent and so intellectually indolent about the nefarious list of Kirby’s known misconduct and his pet project, Silverstream Priory.

Bishop Deenihan, I know for a fact and I can evidentially establish that Dom Mark Kirby was incardinated by Decree into the Diocese of Meath by your predecessor, Bishop Michael Smith. Having consulted a number of experienced Canon Lawyers, I have been advised that it is a canonical reality that Dom Mark Kirby remains incardinated as a priest of the Diocese of Meath, despite the fact he does not appear within any diocesan directory.

Furthermore, I am apprised by a religious cleric that a fledgling Priory of diocesan right does not have the jurisdiction to incardinate clerics. Consequently, Dom Mark Kirby remains a priest of the Diocese of Meath. The cleric in question is of the view you have been receiving advice from Abbot Coffey at Glenstal Abbey. Is there any truth in this assertion? Because, if that is the case, Coffey should know that: a) a monastery of diocesan right, ie, Silverstream Priory, does not have the jurisdiction to incardinate clerics: b) and, Dom Kirby remains on your books as a priest of the Diocese of Meath.

Now, you have a real problem should legal proceedings be issued against Kirby. Perhaps, you should ask Abbot Brendan Coffey of Glenstal Abbey for some guidance.

This is the same Abbot Coffey, who confirmed in office a credibly accused predator, ie Dom Kirby as the superior of Silverstream Priory. Thereafter, Dom Kirby, was then subject to a year-long investigation by the Irish Police, An Garda Síochána. It is my erstwhile hope that you will not be relying on Abbot Brendan in the future.

The harsh and hard reality is that Silverstream should be IMMEDIATELY suppressed. But, I am told by several priests of the Diocese of Meath that you do not want to hand me, Bishop Pat Buckley, another victory, and being forced to admit that I was right, and that you were wrong and by extension; you, Bishop Deenihan have been negligent and incompetent.

Repeatedly, you have been told about Dom Mark Kirby cult-like monastery And you, Bishop Deenihan, have wilfully and deliberately ignored all these concerns for reasons that remain incomprehensible. This, too, also has implications for the Diocese of Tulsa because Kirby was also incardinated as a priest in that diocese I am led to believe when he left mainstream monastic life in order to reinvent himself as a wandering mystic who hears Christ from the tabernacle.

Your inexcusable inaction gives Mr. Horowitz a significant litigation advantage and you should be ashamed. Thus, my respectful advice is that you petition the Holy See to suppress Silverstream Priory with all haste. Decide if you wish to take canonical proceedings against Dom Kirby for his repeated violations of the sacramental seal of confession, give the two priests, Andersen and Houser, letters of good standing; assist the monks who are in solemn vows to transition to other Benedictine communities, and those who are simply professed, should be dispensed from their vows and be allowed to return to secular life. Thereafter, sell the property and bring closure to this ridiculous saga. If you do not, you may find yourself immersed in a legal battle that could be very expensive, because Kirby is on your books and therefore the Diocese of Meath is legally liable. Have your lawyers explain to you the legal implications that flow from the legal reality that is vicarious liability.

Because we are dealing with an extremely serious matter, I will post a copy of this e-mail on my blog. You will note it is been copied to Abbot Brendan Coffey; the Roman Catholic Ordinary of Tulsa, Bishop David A. Konderla; the new superior of Silverstream, Dom Basil MacCabe; and is been copied to the Florida-based, Mr. Horowitz for his kind consideration.

In conclusion, Bishop Deenihan, it is never too late to do the right thing and the sooner you start to deal with the scandal that is Dom Mark Kirby and his pet project, Silverstream Priory, the better for all concerned.

Sincerely,

+Pat Buckley