Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




The Press
March 2 2006

Seven counts dropped in McGrath sex abuse trial

A Catholic brother on trial for sexually abusing boys has been cleared of seven charges on the same day the jury trying him was told details of how he had sexually molested boys at the same school in the past.

Bernard Kevin McGrath, 58, had faced 54 charges of sodomy and indecency with 17 boys at Marylands school while he was a teacher and dormitory master in the 1970s.        

He admitted one charge of indecency at the start of the High Court trial last week and the prosecution abandoned another seven charges yesterday after several  complainants' evidence failed to support the charges and, in one case, the complainant did not give evidence.

However, the jury was also told McGrath, a member of the St John of God order, was jailed in 1993 on 10 indecency charges relating to boys aged 16 and under.

The charges included sexually abusing two Marylands boys in the mid-1970s, the same era of the charges for which he is now on trial, as well sexually abusing four others in the 1990s.

Prosecutor Chris Lange and McGrath and his lawyer, Raoul Neave, had agreed for the summary of facts from the 1993 charges to be read to the court.

Lange said one boy was eight years old when he went to Marylands in 1974 and put in McGrath's dorm.

"One night between January and the end of February, McGrath woke (the boy) up and got him to stand in the hallway of the dormitory. He then offered the complainant lollies if he followed him into his bedroom,” he said. “In the bedroom, McGrath told the complainant what he was going to do was OK and he was not going to hurt him."

Lange outlined indecencies carried out by McGrath on the boy who was sent back to his dormitory with the warning to tell nobody of what had happened or he would be in serious trouble.

Similar abuse happened at Easter that year when McGrath took the boy to his bedroom and again in the middle of 1976, when McGrath took 24 boys to a bach at Waikuku for the weekend.

"The boys stayed in two dormitories at the rear of the bach but the complainant was instructed to share a room with McGrath at the bach. During that night, McGrath came over to the complainant's bed," Lange said.

The boy began to cry during the indecencies that followed.

Another boy, aged 13 when he was sent to Marylands in the mid-1970s, had only been at the school for a short time when he was told to go to McGrath's room. It was the first of numerous occasions when he would be sexually molested by McGrath. The abuse ended only when McGrath left the school to return to Australia.

The four other boys molested by McGrath had attended residential life skills courses run by him in Christchurch in the early 1990s. All said they had been touched indecently by him.

"McGrath was spoken to by the police in December 1993 and in explanation stated he was sorry for the concern caused to the complainants and admitted the facts as outlined," Lange said.

The  summary  stated  that McGrath was "undergoing treatment" for a year.

Neave told the jury at the start of the trial last week that the previous sexual offending against young boys was admitted. However he claimed McGrath had admitted the full extent of his offending and was not guilty of the charges he now faces.

The trial continues today.