Exclusive:Questions for senior Catholic leader over complaints into sex assault priest

Archbishop Leo Cushley told man who complained to ‘collaborate with’ and ‘pray for’ priest

One of Scotland’s most senior Catholic leaders is facing questions over how he dealt with complaints about threatening and bullying behaviour by a priest who went on to be convicted of multiple counts of sexual assault.

A man who complained to Archbishop Leo Cushley over alleged threatening behaviour from Father Daniel Doherty was told to “pray for” the priest and was warned his feelings over Doherty’s behaviour must “give way to certain realities upon which our parish life rests”.

Doherty, a parish priest in Falkirk, was jailed for 16 months last week having previously admitted three counts of sexual assault. The 61 year-old, who has been placed on the sex offenders register, repeatedly kissed and fondled a sleeping train passenger, and told railway staff who confronted him that he was merely “affirming him.”

Doherty’s victim later reported him to Police Scotland and the Archdiocese of St Andrews & Edinburgh, and reported two further incidents, resulting in his conviction at Kirkcaldy Sheriff Court. Helen Nisbet, procurator fiscal for Tayside, Central and Fife, described Doherty’s behaviour as “predatory.”

In the wake of Doherty’s sentencing, the Archdiocese of St Andrews & Edinburgh issued a “profound apology” to the man who was sexually assaulted, adding in a statement: “We commend those who have assisted in bringing this conduct to the notice of the church and civil authorities”

However, concerns about Doherty’s behaviour were raised from within his parish as far back as October 2023. In correspondence seen by The Scotsman, a man repeatedly complained to senior figures in the archdiocese about Doherty’s threatening conduct, telling Archbishop Cushley in January this year that he had been subjected to repeated verbal abuse and attacks. He warned that Doherty had to be removed from his post “for the safety and good of everyone” at St Francis Xavier’s parish.

Father Daniel Doherty, 61, was spotted abusing the victim by fellow passengers travelling on the service to Edinburgh Waverley station. | Police Scotland

In his response to the complainant, Archbishop Cushley urged the man to “collaborate with” and pray for Doherty, adding that it was “not possible” for him to be removed from his position.

In the correspondence, Archbishop Cushley wrote: “No matter how sincerely such differences of opinion may be felt or indeed, the conviction with which they are expressed, they must ultimately give way to certain realities upon which our parish life rests.”

The archbishop’s response to the complainant was sent in January this year, three months before Doherty was arrested and charged with sexual assault. The complainant who wrote to Archbishop Cushley also raised multiple concerns about the priest’s behaviour with Scott Mackenzie, the archdiocese’s safeguarding advisor, in October 2023. He did so again in November the same year with Monsignor Allan Chambers, the archdiocese’s vicar general, alleging Doherty had threatened him and was “rude” and “abusive,” adding: “Time and time again he is hurting people. I have never met a priest like him ever.”

Msgr Chambers, the archdiocese’s highest administrative officer, later advised that he had “spoken at length” to Doherty and advised him about the need for all priests to be “respectful in the way we speak and act towards our parishioners at all times.” However, the complainant, who made no allegations or suggestions of sexual misconduct on Doherty’s part, said the attacks and bullying continued, and asked Archbishop Cushley: “How much information do you need?”

In the wake of Doherty’s sentencing, the man who made the complaints about his behaviour said more could, and should, have been done by the archdiocese to prevent him from causing harm, and accused Archbishop Cushley of ignoring his concerns about Doherty’s behaviour.

“They did not do their job,” he said. “Why should they be allowed to continue their duties and continue to cover things up … the archbishop gave me no reply. He allowed Father Daniel to continue being parish priest and cause hurt to people.”

Brian Devlin, the author of ‘Cardinal Sin’, and a former priest who has detailed allegations of abuse against the late Cardinal Keith O’Brien, said: “The case of the sexual abuser Fr Daniel Doherty is horrifying in and of itself. The man should never have been ordained to the priesthood. But he was. And he was appointed to plumb parishes in the archdiocese.

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“What is becoming clear is that there were many red flags that were presented to Cushley about Doherty’s behaviour ... [but] when presented with evidence of abusive behaviour, he [Cushley] says he couldn’t remove a parish priest.”

Doherty pleaded guilty to the three counts of sexual assault in October. The hearing at Kirkcaldy Sheriff Court heard fiscal Sarah Smith tell the court how the priest was on board a train carriage when he repeatedly fondled his victim, a younger man.

“The complainer had been drinking throughout the day and fell asleep on the train next to the accused, who was in the aisle seat,” the prosecutor explained. ”He was awakened by the accused placing his hand inside the waistband of his trousers and inside his boxer shorts. The accused grabbed his penis and was holding it. He did this around four times throughout the train journey.”

Ms Smith said one of two women who boarded the train with young children saw Doherty lean forward and start to kiss the victim on the face and lips, later “grabbing” his genitals over his clothing. Doherty, she said, continued his behaviour on and off over the next hour or so, and “did not appear” to care that anyone could see his behaviour.

Sentencing Doherty last week, Sheriff Charles Lugton told him that his conduct demonstrated a “high level of premeditation,” and pointed out the fact that Doherty believed his victim was either sleeping or unconscious at the time of the assaults, and was in a “particularly vulnerable position.”

A spokesman for the Archdiocese of St Andrews & Edinburgh said: “The archdiocese is committed to safeguarding and to the protection from harm of all within the church. The archdiocese has co-operated fully in the investigation by Police Scotland regarding the criminal offences of Fr Daniel Doherty.”