Diocese will seek more money; Sifting through documents is taking its toll on some parties

Terri Saunders

Saturday, February 17, 2007 - 10:00

Front Page - Catholic church officials will be seeking more cash when the Cornwall Public Inquiry resumes next week.

Peter Engelmann, lead counsel for the inquiry, confirmed Friday lawyers for the Alexandria-Cornwall Roman Catholic Diocese will be asking Comm. Normand Glaude for additional funding.

"It's not overly controversial," said Engelmann. "It's in relation to the amount of disclosure the parties have received. The commissioner did say parties could return and request additional funding if necessary."

In August, the commission handed over hundreds of thousands of pages of disclosure to the parties, and just going through them has become a monumental task for some groups.

"Initially, the parties were given funding for 400 hours of paralegal work," said Engelmann. "It appears the diocese may have run through that time, so they will be seeking more funding."

David Sheriff-Scott, an attorney for the diocese, could not be reached for comment Friday. Officials from his Ottawa law firm said he was on vacation with his family and would not be available until next week.

On Monday, Glaude will also begin hearing submissions on how the inquiry could better facilitate cross-examination of witnesses. In recent weeks, a number of witnesses have expressed concerns over how they've been cross-examined by counsel for a number of parties.

"We have received letters from some witnesses who have already testified as well as from some who have yet to testify," said Engelmann. "At this time, there appears to be a concern the cross-examination process, as it's been carried out so far, has caused some problems for some witnesses."

David Silmser, a man who received a $32,000 settlement from the diocese in relation to allegations he made against Rev. Charles MacDonald, was unable to take part in cross-examination on two different days.

Following his cross-examination, alleged victim David Petepiece wrote the inquiry a letter expressing his concerns about how the questioning was carried out by counsel for parties.

"We are hearing from victims that they are feeling revictimized by the process," said Engelmann. "We've also been told that perhaps the inquiry itself, as an institution, should examine how it's responding to the allegations being made and its process and how it may affect people."

Glaude has expressed his desire to see all parties approach cross-examination from a place of sensitivity and creativity.

"What is important here is that we continue to move forward so that we hear all of the evidence possible," he said Feb. 8. "I expect all of the parties, but specifically public institutions who, by their very nature, have as their mandate to seek the greater good in this province in our society, to instruct their counsel to be fair in their cross-examination, to stay within the boundaries of the mandate and to ensure that there is no unnecessary pain and anguish revisited on these witnesses."

Engelmann said parties have been asked to come to the inquiry Monday prepared to discuss how the inquiry can meet the commissioner's expectations.

"It's a difficult balancing act," said Engelmann, "but I'm hopeful counsel will be constructive in their approach."

The inquiry resumes Monday at 2 p.m.