Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




The Press
March 18 2006

The sins of Brother Bernard
by John Henzell

Bernard McGrath molested boys in his care for decades, but the trail of destroyed lives he has left may be only part of a shocking sex-abuse network which thrived in a Catholic order on both sides of the Tasman.

In the fuzzy tones of a 1970s photograph, a kindly-faced young man in a cardigan stands surrounded by boys.

Nothing about the innocuous snapshot of Brother Bernard at Marylands special school on the outskirts of Christchurch suggests that he would be responsible for a trail of misery that would span the next 25 years and leave traumatised victims on both sides of the Tasman.

There is no hint that a disproportionate number of the fresh-faced boys in the photo, if they are representative of the dozens who claim they were sexually molested by Bernard Kevin McGrath, will have committed suicide, been in and out of jail, or unable to hold down jobs or maintain healthy relationships.

Nor is there anything to suggest the despair that would be felt by the few boys who raised the alarm about the sexual abuse at the time, only to discover that McGrath was not a rogue member of the Order of St John of God, but part of a network of child- molesting Catholic brethren.

The photo became just one small piece of evidence put forward in New Zealand's biggest child-sex trial, which started with 54 charges and 17 complainants. It ended in 21 convictions relating to eight victims, bringing to 15 the number of boys McGrath has been convicted of sexually molesting in Christchurch over the space of 17 years.

But while the scale of the abuse outstrips even the contentious Christchurch Civic Creche case that took place in the same court more than 10 years earlier, the sobering statistic is that McGrath's offending poses deeply troubling questions about a much bigger and even uglier picture.

If McGrath's sexual predilections had been not been allowed to continue by transferring him from diocese to diocese, would a Sydney mother named Jan have had to flee from her son as he smashed her home?

If complaints by early Marylands' victims had not fallen on deaf ears, would a group of Christchurch youth workers have had to threaten to resign in the early 1990s unless McGrath was brought to account for his indecent dealings with street kids?

If the Order of St John of God had not included gagging clauses in the compensation deals to those who complained of sexual abuse by McGrath and other Catholic brethren, would other victims not have had to suffer in isolation as they tried to come to terms with being molested by those who were supposed to protect them?

If the allegations had been raised earlier, might a former Marylands prior, whose deteriorating mental faculties helped him avoid extradition from Australia, have been brought back to face terrestrial justice on child-sex charges dating back to Marylands' founding in 1955?

And if the culture of sexual abuse had been halted when it first began, would Male Survivors of Sexual Abuse Trust manager Ken Clearwater have a list of two dozen Marylands boys who have killed themselves or died mysteriously young after coming into contact with McGrath and his brethren?

Bernard McGrath knows he's not a paedophile, in the strict clinical definition of the term. He also knows the type of boys he liked to touch sexually – Greek or Italian in origin but with smooth, woman-like bodies.

He also knows the importance of a Catholic brother's vow of chastity. It was why he spurned what he perceived as the amorous affections of a female Marylands teacher and instead imagined being with her when he was rubbing himself against terrified boys in his dorm.

He knows the full extent of his sexual offending, even vowing he would be happy to stand in front of his creator and state that it had never involved oral sex. But he had already pleaded guilty to offending that included oral sex and been jailed for it.

Those were among the glimpses into the strange world as perceived by Bernard McGrath that the jury experienced through his rambling, unreliable, and, at times, breathtakingly self-serving videotaped interview with Christchurch detectives in 2003.

Over six hours, it varied between being emotional, confessional and delusional, but the over-riding impression left behind was that McGrath was as messed-up mentally as some of the intellectually and behaviourally disordered boys who had been sent to Marylands to be straightened out.

McGrath told about being cowed by a violent and authoritarian father who had trained for the Catholic priesthood but ended up as a Kaiapoi freezing worker.

At 14, McGrath tried to kill himself and spoke about "death being my friend". At 18, it was his father's decree that Bernard had a vocation to religious life; an assessment by a man who had not completed his own clerical training.

The Australasian branch of the Order of St John of God was based in Sydney, where McGrath went for his training, but he said a senior brother there soon began to make sexual overtures towards the trainees.

"He didn't put direct pressure on me at that stage, but even then I was a victim really, too," he explained. "I kind of couldn't say no, you know. I couldn't say yes either. I've never been able to stand up for my bloody self."

The details of the sexual abuse McGrath claimed he suffered – being led to another senior brother's room on an innocent pretence, then forced to partake in indecencies – would later be eerily close to the accounts by boys at Marylands.

"I never told anybody, you know," McGrath told detectives. "I suppose it was at that point that the cloud of depression might have started, you know."

McGrath spent a year at a St John of God institution in Melbourne – if sexual abuse happened there, it has not led to charges – then was transferred to Marylands, where he says he encountered the same brother who made sexual overtures to him in Sydney.

That brother – who can only be called Brother X because of a court suppression order, and who is fighting extradition back to New Zealand to answer child sex charges – allegedly set the tone for the culture at Marylands and ensured that complaints about sexual abuse by brothers like McGrath were never acted on.

McGrath said that when he was confronted with his sexual abuse nearly 20 years later, he was sent for treatment at a centre in the United States where his offending was analysed.

"The triggers for my high-risk situations were looking for some emotional need to be met," he said. "Internally, I was just screaming out for affection, I suppose the same as those kids.

"This cloud of depression would start. I don't think I'd actually set the situation up. It was just, well, the situation was always there because you were living and breathing with them all day.

"(Afterwards) I'd want everything clean. I'd wash my own clothes and then the guilt came off. Oh, the guilt, the guilt was absolutely terrible, you know, absolutely hideous. You feel like scum, which society thinks you are – and you are, too – then the whole cycle would begin again."

The court was told that some boys would complain to senior Catholic brethren about sexual abuse. Not only was nothing done but they would be punished for their efforts.

McGrath said a boy from another dorm came to him to complain about being sexually abused. "I didn't do anything because I'd played up myself, you know, so what do you do? How do you go and challenge someone when you've committed these sins."

McGrath spent nearly four years at Marylands until one of his most consistent victims began to make a fuss to Brother X about the regular sexual abuse. Within a month or so over the holidays, both McGrath and Brother X were suddenly transferred to other St John of God dioceses.

Critics have accused the order of operating the Catholic church's maligned "geographical cure" – allowing child-molesting clergy and brethren to continue their abuse elsewhere when their victim's complaints in one diocese became too vocal. In each location, victims thought they were alone in their suffering.

McGrath was sent to Morriset, a Catholic boarding school north of Sydney for boys with behavioural problems.

Away from the influence of Brother X and other allegedly child-molesting Catholic brethren from Marylands, McGrath continued to sexually abuse boys.

"Why?" he told detectives. "Because I was sick. I was sick, yeah, I was caught up in a spiral I couldn't break. A spiral of destruction."

Jan says she feels as if a knife is going into her stomach when she recalls how she sent her son Jason to Morriset school in the early 1980s because his dyslexia was making him too disruptive to remain in the school he was attending.

"I didn't want him to go, but a teacher told me Jason needs more help than he could give him. I went to all the other schools in the local area and they refused to take him," she says.

"I knew nothing about (the abuse) until Jason told me years later. I knew he wasn't happy at Morriset, but they covered it up so well and scared the kids so much.

"I used to ring Brother McGrath and said Jason isn't happy and he's crying. McGrath just said all the boys do that; he just doesn't want the discipline and they need discipline. He came across as a good disciplining parent.

"I didn't learn about the abuse until 1989. Jason had a girlfriend and their relationship was pretty volatile and he was on drugs pretty heavily in his teenage years.

"She'd charged him with assault and when we were going to court he said `I've got something terrible to tell you' and that's when it all came out. I didn't believe him at first. Talk about naive – I couldn't believe it could happen."

Jan says there were hints that McGrath's proclivities were known to the Order of St John of God, but nothing was done.

"Their conspiracy of silence is terrible. A psychologist at the school said (at the time) there were problems at this school and to try to get Jason out as soon as you can. I said there was nowhere else to go," she adds.

"When I told her later about McGrath, she said `I wouldn't have picked him'. There were others there she must have known about.

"I now know of five boys (who were molested at Morriset). I don't think we've even scratched the surface. The tragedy is that Jason must have felt so alone.

"My life hasn't been the same since. I've tried to get on with my life but it hits me sometimes. I feel very remorseful about Jason – it's like a knife going in.

"In the early years, he blamed me for putting him in that school. He went violent one night and I had to run next door to a neighbour and bolt the door. I know if I'd stayed in the house, he'd have done something to me."

Frustration and shame channelled into anger is familiar to Ken Clearwater, who deals with nearly 40 former Marylands' boys through his role as manager of the Male Survivors of Sexual Abuse Trust.

Jason is not the first of McGrath's victims to attack his mother for putting him in the care of an order that blighted his life. One of the Marylands' boys tried to kill his mother but she continued to have him in her house because he had nowhere else to go. She had believed assurances from Brother X that the boy was making it up.

For one of the 17 complainants at McGrath's trial, the anger was directed at churches because they brought back ugly memories. He would attack the building and end up in jail. McGrath was cleared of molesting him.

Eight of the Marylands' boys Clearwater deals with are in jail. One is facing trial this year for a vicious rape of a woman who had been trying to rehabilitate him.

Other former Marylands' boys self-medicate themselves into oblivion with alcohol and drugs. But for a depressingly large number of former Marylands' boys, the anger was directed at themselves. The wall in Clearwater's office in Community House – a group of charitable organisations that once included McGrath's Hebron Trust – features a catalogue of memorial notices far in excess of what one might expect for men aged around 40.

"There are 25 guys who we know have taken their lives. I know one just after Christmas. He left a note and said he couldn't take it any more of what that bastard did to him. He was at the Hebron trust," he says.

Media reports of McGrath's trial this week have also caused a reawakening of a past they had tried to put behind them. Even in Sydney, one man who McGrath admitted repeatedly molesting at Marylands made a suicide attempt this week.

"At Marylands there was a fear factor and an iron fist. Then there was sexual abuse," Clearwater adds. "So many of them lived with the fact that they went on to abuse other boys. Where does that put them? They'll be carrying all that blame and guilt."

But for some, the trial has stirred feelings of unease that are less about the misery left behind by sexual abuse at Marylands and more to do with a groundswell against Catholic clergy and brethren.

One is Lynley Hood, the Dunedin author whose book, A City Possessed, asserted that moral panic about ritual abuse led to unsafe convictions of Peter Ellis in the Civic Creche case.

She admits to keeping an eye on the Marylands and St John of God cases and seeing signs of moral panic at work there but declined to comment further.

In court, McGrath's lawyer Raoul Neave also questioned how McGrath could get a fair hearing in the climate of suspicion about the Catholic church.

"Unless you've been living in a cave on the Moon for the last couple of years, you'll be well aware of the long campaign against the Catholic church and Catholic brothers and abuse by members of the Catholic clergy against children," he said to the jury.

"It's had the effect, quite unfortunately in this case, to give rise to a massive amount of prejudice and hysteria."

But unlike the Civic Creche, a key to Neave's stance was his acceptance that awful sexual offending by the Catholic clergy and brothers happened at Marylands and that McGrath was part of it.

However, it was a long time before the Order of St John of God reached that stage of accepting abuse occurred. In 1986, McGrath left Morriset without being challenged about his sexual proclivities and returned to Christchurch to establish a programme teaching life skills to street kids.

By then, Marylands was no longer being run by the order, but McGrath set up a residential lifeskills course at a Halswell Road house. He was to find that other aspects of society were changing too, including a shift in perception of the Catholic church's from irreproachability to where child-sex scandals by clergy seem almost commonplace.

But it was two social workers, and not the Order of St John of God, who raised the alarm about McGrath's indecent advances towards four of the street kids on his course in 1991. According to reports at the time, the social workers raised the issue with the order and it was only when that failed to produce results that they went to the police.

Suddenly McGrath's world began to crumble. Four of the Hebron Trust boys, aged then between 14 and 16, told detectives that McGrath had touched them indecently. Then two of the former Marylands' boys, now grown men, also complained McGrath had sexually molested them while at the school.

By then Jason, in Sydney, had disclosed to his mother what McGrath had done to him in the 1980s while at Morriset school. When McGrath completed his three-year jail term imposed in Christchurch for his Marylands and the Hebron Trust offending, he was taken to Sydney, where he was sentenced to nine months jail on six child-sex charges involving Jason.

The head of the Australasian branch of the Order of St John of God, Brother Peter Burke, insists it was not until early in 1992 that the St John of God hierarchy heard the allegation about McGrath with the Hebron Trust children. He accepts there might have been "very secret information among a certain group of people" before then, but the order itself would have been unaware.

Once it was aware, the order began to make "pastoral gestures" – compensation – to those who had fallen prey to McGrath and others. But the order was still a long way from the transparency to which it now aspires. Included in the payments was small print forbidding disclosure of it to anyone outside of a small coterie of immediate family, lawyers and counsellors. The order might have finally accepted there were child molesters among its clergy and brethren but it was trying to keep a lid on it.

One man who received a $30,000 payout after claiming he was sexually abused by a Catholic brother at Marylands in the 1950s, was terrified he would lose his house if he helped spread the word about what happened there.

Brother Burke says now that such conditions were never meant to be gagging orders and the order has adopted a new policy specifically preventing confidentiality restraints.

Finally, in 2002, The Press investigated claims of widespread and institutionalised sexual abuse of boys at Marylands, setting in train the process which this week saw Bernard McGrath found guilty of 21 child-sex charges.