The commission has been trying to establish who was responsible for the church's conduct in the case, which not only left Mr Ellis a broken man, but also insulated the church against claims from other future victims.

At court, the church had disputed whether the abuse had even occurred. Mr Ellis was cross-examined vigorously for four days, with his character and credibility being challenged.

Mr Dalzell said he had been acting on instructions in putting the fact of the abuse in dispute at court. He said he could not remember whether he had informed his client when two people came forward during the litigation with stories that tended to support Mr Ellis' story. He did tell the senior counsel he had been instructing in the case, Stephen Rushton, SC.

His July 2005 email states that a woman, Judith Penton, had come forward "in support of Father Duggan". "Duggan was a regular house guest of this lady,'' it says. "On occasions, he brought Ellis with him (I know this bit doesn't look good). Apparently Ellis used to bash Duggan (who was in his 60s - Ellis was aged 14-15) and force himself upon the ageing priest! She recalls one time when Ellis grabbed Duggan and started to kiss him in front of her. She remembers Duggan pushing Ellis off!" the email says.

Royal commission chairman Justice Peter McClellan put it to Mr Dalzell that he knew the church had a "legally perfect" assessment from its own assessor concluding that Mr Ellis was telling the truth and that Mr Dalzell knew the church had other evidence that tended to support Mr Ellis' case.