Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




NZ Herald
February 21 2006

Trial opens old wound for church
by Jarrod Booker

A dark chapter in New Zealand's history is being revisited in the High Court as a former Catholic brother stands trial for alleged sexual abuse of 16 young boys at an infamous boarding school.

Bernard Kevin McGrath, 58, allegedly used the lure of treats and a culture of fear in his role as a teacher at Christchurch's Marylands School in the 1970s to sexually exploit pupils, all aged under 16.

The school, operated by the Catholic order of St John of God, provided for boys with disabilities. The order has since paid out cash sums of up to six figures to Marylands pupils who said they were abused.

McGrath was facing 54 sex abuse charges against 17 boys when the High Court trial before Justice Chisholm opened yesterday. But when the charges were read to him at the outset, he chose to plead guilty to one charge - of fondling a boy's genitals.

McGrath's lawyer, Raoul Neave, told the court that whenever McGrath had been confronted by allegations he was guilty of, he put his hand up and acknowledged it.

"No-one denies terrible things happened at Marylands. No-one denies the brothers were responsible. No-one denies Mr McGrath perpetrated some of these terrible acts. He's been guilty of behaviour that is repulsive by anyone's standards," Mr Neave said.

Crown prosecutor Chris Lange told the court that McGrath came to Marylands Schools from Australia in January 1974 and took a role as a teacher and master of one of the school's dormitories.

The crown alleges that between 1974 and 1977, McGrath lured boys into his room with offers of lollies in order to abuse them, and abuse also took place in a bath, a swimming pool changing room and in a VW van when McGrath offered to take one of the boys for a ride.

McGrath is also accused of fondling boys' genitals, inducing boys to perform oral sex on him and sodomy.

It is alleged that on one occasion one of the boys was slapped and admonished for failing to perform oral sex on McGrath correctly. Mr Lange said the court would hear the culture of Marylands was control by fear and "ruling with an iron fist".

One of McGrath's alleged victims told the court he was nine and had gone to Marylands School because of problems with learning and bullying.

He said he was playing on a trampoline at the school when McGrath approached him.

"He said he had some lollies but I had to go back to his room to get them."

When he followed McGrath back into the room, the complainant said the door was shut behind them. He said McGrath asked him if he had ever kissed a man's penis before, and he replied no.

"He said: 'would you like to kiss mine?' I was pretty freaked out."

Mr Lange said that during the trial the jury would be told McGrath ordered one boy to clean coffins stored in a building near the school's bell tower, then he emerged from a closed coffin stark naked and sodomised him.

In his opening statement, Mr Neave said the jury had been given an almost impossible task of finding McGrath guilty.

McGrath's alleged victims were having to drag up memories from 30 years ago and many were physically, socially and mental disadvantaged.

"Memory is an extremely difficult tool at the best of times. Quality of memory is very much an issue in this case," Mr Neave said.

"Some of the allegations are so bizarre, they simply can't be true."

Widespread coverage of abuse within the Catholic church and media reporting on abuse at the Marylands School also "muddied waters that were already particularly murky".

The trial, by a jury of seven men and five women, is expected to run for three weeks