Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




The Press
March 17 2006

Disgraced brother guilty of 21 charges
by John Henzell

A disgraced former Catholic brother is behind bars after being found guilty of 21 charges in the biggest child-sex trial in New Zealand legal history.

Bernard Kevin McGrath, 58, showed little emotion as a High Court jury in Christchurch added another eight victims to the three he had already admitted sexually molesting when he was a teacher and dorm master at Marylands school at Halswell, Christchurch, in the 1970s.

McGrath has also admitted sexually abusing another four teenagers while running a life-skills course for Christchurch street kids in 1991.

He was acquitted of 32 charges – 23 by the jury and nine having been discharged during the trial – including all of the most serious charges of sodomy.

As the solemn-faced jury members returned to court after 33 hours of deliberations over four days, McGrath avoided their gaze until after they returned a not-guilty verdict to the first charge of inducing a nine-year-old boy to do an indecent act on him.

The next verdict was guilty, and he stood clasping the dock with both hands, at times hanging his head and at others standing with his mouth hanging slightly open, as the other 42 verdicts were returned about his alleged activities with vulnerable schoolboys 30 years ago when he was a young Catholic brother with the Order of St John of God.

Justice Chisholm rejected McGrath's application for bail and remanded him in custody for sentence next month.

McGrath is just one of four clergy and brethren from the order of St John of God to have been accused by Christchurch police of historic child-sex offences at Marylands between the 1950s and the 1970s.

Two others, including the head of the school at the time McGrath was there, are fighting extradition from Australia.

Another senior St John of God brother, aged in his 80s, has dodged extradition because of his diminishing mental abilities and the 50-year gap since the alleged indecencies.

The Australasian branch of the St John of God order has paid out $5.1 million so far to men who claim they were sexually molested at Marylands. The figure had been on hold while the trial progressed.

An 0800 number was set up by the order in 2002 after The Press exposed claims of widespread and institutionalised sexual abuse at the school. It received more than 125 submissions, although not all related to Marylands.

Catholic Church of New Zealand communications director Lyndsay Freer said the $5.1m settlement was probably the Catholic Church's biggest in New Zealand.

"I would imagine that the St John of God have paid out more individual settlements than any other body in the Catholic Church (in New Zealand)," Freer said.

"This settlement reflects the gravity of the complaints."

Freer said the Catholic Church did not pay for settlements and it was up to the order to fund it. The High Court jury had been told McGrath had been jailed in the mid-1990s for sexually abusing two boys at Marylands when he was there in the 1970s and for sexually abusing four other teenage boys in 1991 after he returned to run a life-skills course in Christchurch.

In between, he was sent to head a Catholic boarding school for troubled boys at Morriset, north of Sydney, where he sexually molested a young boy in his care.

McGrath had been sentenced to three years jail in Christchurch for the earlier offending and had then been sent to Australia, where he was sentenced to nine months jail for abusing the boy there. The boy was later awarded $430,000 by the order.

After another 17 former Marylands boys came forward with sexual-abuse allegations following investigations by The Press, McGrath agreed to return to Christchurch from his home in Australia and face trial.

McGrath pleaded guilty to a charge of indecency at the start of the trial but denied another 53 charges, claiming he had already admitted the full extent of his sexual offending against children.

His lawyer, Raoul Neave, contended that the complainants' evidence was confused, exaggerated and unreliable.

Prosecutor Chris Lange said some details about dates and locations might be wrong, but the essential elements of their claims were founded on truth.