Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




The Press
March 18 2006

McGrath convictions a step towards closure but more ground to cover
Editorial

The conviction of Bernard Kevin McGrath on only some of the charges brought against him will distress his many victims. They had sought guilty verdicts on all the 54 charges as formal recognition of the appalling suffering he had caused. But they do have the satisfaction of knowing McGrath has been found to have been a monster of sexual abuse, that at least some of his vile activities are now on the public record, and that his name is irredeemably tarnished.

Similarly tarnished is the reputation of the order in which McGrath has spent his life, St John of God. It sheltered him and, it seems, a significant number of other members for three decades while they abused the vulnerable boys in their care. Because it is believed that abuse was occurring at Marylands from its founding in 1955, perpetrated by a generation of brothers senior to McGrath, it is difficult to believe that the order's hierarchy at Maryland's was wholly unaware of what was going on, given the fraternal community in which the brothers lived and the disciplines of the religious life. If the hierarchy was unaware of the abuse, it was derelict in its duty; if it was aware or suspected and did not act, it was culpable. It almost certainly was aware at a comparatively early stage and responded by moving him to different church institutions as the complaints against him mounted. The failure of St John of God to effectively investigate McGrath and his associates in sin and hand them to the authorities when the first complaints against them were made at Marylands allowed the abuse to continue for years and dozens more boys to be abused.

It is uncertain how many boys were corrupted, but it is likely far more were involved than have come forward. The unchecked activities of the abusers, the length of their careers, and the numbers of pupils in their care suggest a high total. Death will have removed some of the abused and others must be unwilling to reopen old wounds. But what is on record is shocking – 17 complainants and the largest abuse trial in New Zealand history. McGrath has been convicted of abusing 15 children throughout his time with the order. Twenty-four former Maryland's pupils associated with McGrath and his associates have committed suicide or died young in unexplained circumstances.

St John of God has moved significantly to compensate victims and reform its practices, paying out more than $5 million, but the process began slowly and hesitantly. It has also been wrong-headed in part; the early attempt to gag those offered compensation must have been intended to protect the order from more scrutiny and more expense, not to get the issues out into the open, and indeed may have prevented the offending from coming to light sooner. The result of the secrecy was more trauma for the victims and more damage to the order's reputation. Even today, the repercussions continue: a pervasive sense exists that all has not been disclosed, that guilty men are still being protected.

The bad impression of the order is strengthened by its refusal to require three of its members to return to New Zealand from Australia to stand trial for 64 offences they are alleged to have committed at Marylands. The attempt to extradite them has been going on for three years and is still being appealed. Those involved plead physical impairment as reasons for their staying in Australia, but only one is plainly too ill to face a court. Had St John of God considered justice and closure for its victims as more important than the protection of its members from shaming, it would have ensured their prompt appearance at the Christchurch court. The failure to do so leaves the sordid business unresolved. In the interim, the order's reputation will continue to be challenged and victims to suffer. That is a tragedy. What went on at Marylands was horrific – the worst sequence of child abuse on record in New Zealand, involving religious brothers pledged to God, vulnerable children, carried out over 29 years and involving serious indecencies repeatedly performed. A rapid and thorough accounting for this terrible history would have allowed its victims to heal their wounds, reconfigure their lives, and prevented later pupils suffering the same fate. The delivery of the verdicts against McGrath is a significant boost to that process, but does not produce closure.