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Allegations
of Abuse in Institutions |
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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. Father Raymond Garchow
and another 70-year-old man who has name suppression, face a combined 32
charges dating back to the 1970s of abusing boys at the Maryland's Special
School in Christchurch. The ABC reported a
local court magistrate in Sydney last year ordered their extradition to New
Zealand, but they asked the Federal Court to review that decision. On Friday, 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. Despite the great
seriousness and distressing quality of the allegations he said it would be
unjust for the extradition to go ahead. The accused and the St
John Of God church in Sydney would not comment on Saturday. "From their point
of view they're relieved that their ordeal is over now," lawyer Greg
Walsh says. Campaigners for the
survivors of sexual abuse victims say they are stunned at the blocking of the
extradition. Male Survivors of
Sexual Abuse Trust chair Ken Clearwater says the New Zealand legal system is
fair and the men should be tried where they are accused. "I think it's
unjust if they don't come back here. The crimes allegedly happened in
New Zealand - they were against New Zealand children, so this is where they
should be facing the charges." Clearwater says the New
Zealand government must act. "There has to be
an appeal, it's very important that there's an appeal." Even though attempts to
have the men extradited have so far failed, a third man accused of sexually
assaulting boys at the school has been dealt with by the courts in New
Zealand. Bernard McGrath has
been convicted of 21 charges and will be sentenced on Thursday. Police
will decide whether to appeal against Federal Court decision in the next few
days. |
