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Dean censured for 'callous' sacking
The Dean of Westminster Abbey was reprimanded by a government report yesterday
for the way in which he dismissed the abbey's award- winning organist.
The means employed by the abbey to dismiss the organist and his wife "must
score gamma minus on the scale of natural justice", Lord Jauncey concluded at the end of a 12-day hearing.
He added that had the dean and chapter acted differently, a "less dramatic resolution" could have been
reached.
However, the hearing upheld the Very Rev Wesley Carr's decision to dismiss Dr
Martin Neary, organist and master of the choristers of the abbey, and his wife, Penny, the concert secretary, in
April for gross misconduct. The Nearys were dismissed for alleged financial irregularities relating to a company
they had set up to administer fees from concerts. The dean and chapter had not known of the company's existence
and accused the couple of abusing their position "to further their own financial gain".
However, the Nearys insisted the fund had been set up on the advice of accountants
to avoid tax problems, and appealed to the Queen as head of the abbey.
In July, the Queen appointed Lord Jauncey of Tullichettle, a senior Scottish
judge, to adjudicate on her behalf. Issuing his decision yesterday that the Nearys were guilty of gross misconduct,
Lord Jauncey said: "They used their position as organist and music department secretary to make secret profits
over a prolonged period and they entirely failed to inform the abbey authorities of what they were doing, notwithstanding
the fact that there were ample opportunities to do so and no good reason for not doing so.
"I consider that this conduct. fatally undermined the relationship of trust
and confidence which should have subsisted between them and the abbey. I am therefore satisfied that the dean and
chapter were justified in summarily dismissing them."
Dr Carr said last night he thought dismissing the Nearys had done less damage
than if "we'd pulled a carpet" over the matter. "I do think it shows that a Christian organisation
can act with integrity and honesty. Where money is involved, you have very little choice and that is what we did."
The Nearys said yesterday they regarded the penalty as "out of proportion".
In a statement, Dr Neary said: "We find it hard to understand how, if we have been found to have acted without
dishonesty or concealment and in good faith, our actions can still be considered sufficiently ill-judged to constitute
gross misconduct."
Since Dr Carr's arrival at Westminster Abbey almost two years ago, the 900-year-old
institution has rarely been out of the headlines. His controversial programme of reform, entitled "Recovering
the Calm", has included unpopular measures such as a purge of unpaid volunteers over the age of 75 and the
introduction of a £5 entrance fee. And his latest idea of cancelling the abbey Christmas trees was deemed
downright foolhardy. Only later he found out that the trees were an annual gift from the Queen.
The Archbishop of Canterbury, Dr George Carey, called last night for a period
of "healing" at the abbey.
"This has been a difficult and testing time for the abbey and for all those
who have been involved in its work and worship," he said. "I would hope that in the light of Lord Jauncey's
judgment it will now be possible for the abbey to move forward."
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