Allegations
of Abuse in Institutions |
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The Federal Court has ruled two Catholic
clergymen should not be extradited from NSW to New Zealand to face child sex
charges. A Sydney local court
magistrate last year ordered Brother Roger Maloney, 71, and priest Raymond
Garchow, 58, be extradited to New Zealand, to face a combined total of 32
charges of abusing boys. The allegations date
back to the 1970s when the pair worked at Marylands, a school for boys with
learning and intellectual disabilities, in Christchurch. But Federal Court
Justice Rodney Madgwick today ruled the differences in the two countries'
legal systems and the length of time since the alleged crimes, would make it
difficult for the men to have a fair trial. "(There is) very
likely to be a high degree of unfairness to the applicants," Justice
Madgwick wrote in his judgment today. "Further, such
trials would occur without the guarantee of a strong warning by the judge to
the jury as to the very real problems in meeting such old allegations. "In Australia the
applicants would have such a guarantee; Australian courts would not permit
any such trial to occur without such a warning being given, however serious
the charges." Justice Madgwick ruled
the extradition order be dismissed and the pair be released under the
Extradition Act 1988. It
is not yet known if New Zealand will appeal the decision. |