TWO brothers and their sister, who claim they were abused by Father Brendan Smyth, have to renew their compensation battle following a court ruling in Belfast yesterday.
They had been granted judgment by default against the Norbertine Order of Kilnacrott, (Co Cavan, of which Smyth is a member, because of failure to serve a defence to their High Court writ for damages.
The next stage would have been she assessment of damages, but the judgment was set at a private hearing before a High Court Master. Solicitors acting for the order were given until Thursday to serve a defence.
A solicitor, Mr Teddy Lavery, who is acting for the family, declined to comment.
Smyth and Cardinal Cahal Daly, on behalf of the Catholic church in Ireland, are also defendants.
No appearance was entered on behalf of Smyth and judgment by default has been entered him against Solicitors representing Cardinal Daly have lodged a defence, but it is understood that if the action against the Norbertine Order is settled the action against the cardinal would not proceed.
The two teenage brothers and their sister she is now married were children in west Belfast #hen the alleged offences happened. They are claiming compensation for personal injuries, boss and damage as a result of alleged assaults by Smyth while acting as servant or agent of Cardinal Daly and Father Kevin Smyth, Abbot of the Norbertine Canons, of Holy Trinity Abbey, Kilnacrott.
Alternatively, the claim is for damages arising out of the control and supervision of Smyth while carrying out his duties under the auspices of the other two defendants.
Smyth (68) was jailed for four years in June 1994 and received a further three years at Belfast Crown Court last September when he pleaded guilty to more charges of sexually abusing children over a 20 year period.
After his release from Magilligan Prison, the Garda intends to charge him with a series of offences alleged to have been committed in various parts of the Republic.