Bishops in the dock: the new relationship between Rome and the courts

Catholic Herald, 06 February 2020

The Church’s judgment cannot be contracted out to criminal justice systems that have been unduly influenced by public opinion.

The news that Cardinal Philippe Barbarin of Lyons, France, had been acquitted on appeal has serious implications for how the Church handles its own side of such cases.

Cardinal Barbarin’s case is rather peculiar. He had been convicted by a French court in March 2019 “of non-denunciation of ill-treatment” of a minor. The charge was that Barbarin should have reported an abuser priest to criminal justice authorities. Barbarin had acted on the allegations when he received them, conducting an investigation, but did not notify the authorities at that time. He did not conceal any information or prevent anyone from reporting.

Nevertheless, five other archdiocesan officials were charged along with Barbarin for “non-denunciation”. All were acquitted, but Barbarin was convicted. It was a surprise because the prosecutor argued that there was no evidence against Barbarin and no grounds for conviction.

Yet he was convicted. Barbarin appealed but also offered his resignation to Pope Francis, calling his own handling of the case “inadequate”.

The Holy Father refused to accept the resignation until the appeal had been heard, but permitted Barbarin to temporarily step aside while the appeal was being heard.

Now the appeals court has agreed with the prosecutor and acquitted Barbarin.

So is the cardinal is back at work? No. Barbarin has acknowledged that the appeals court has exonerated him, but has renewed the offer of resignation. The matter rests now with Pope Francis.

What should he do?

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