Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/2 - Moloney & Garchow; Federal Court Appeal

 




ABC Online
April 21 2006; 19:30

Clergymen's NZ child sex charges extradition overturned

The Federal Court in Sydney has ruled that two Catholic clergymen, facing child sex allegations in New Zealand, should not be extradited to face charges.

Seventy-one-year-old Brother Roger Maloney and 58-year-old Priest Raymond Garchow are facing allegations dating back to the 1970s of abusing boys at the Marylands Special School in Christchurch.

Brother Maloney is facing 28 charges, and four offences were being alleged against Fr Garchow.

A Local Court magistrate in Sydney last year ordered their extradition to New Zealand, but the men asked the Federal Court to review that decision.

Today, Justice Rodney Madgwick ruled that the differences in the New Zealand and Australian legal systems, and the length of time since the alleged crimes, would make it difficult for the men to receive a fair trial.

He said despite the great seriousness and distressing quality of the allegations, it would be unjust for the extradition to go ahead