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Allegations
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The decision by an
Australian judge not to extradite to New Zealand two Catholic clergymen facing
child sex charges is being criticised by the National Party's shadow
Attorney-General. Brother Roger Maloney
and Father Raymond Garchow faced 32 charges of sexually abusing boys relating
to their time at the former Marylands Special School in Christchurch in the
1960s and 70s. The school was run by the Catholic order of St John of God. Justice Madgwick of the
Federal Court in Sydney has ruled against extraditing the pair. He says
surrendering them would be "unjust or oppressive", as New Zealand
courts are not required by law to warn juries about the problems in
prosecuting historical offences. National MP Chris
Finlayson has described the ruling as strange, especially as other
jurisdictions do not share the judge's concerns. He says, for example, if the
British Government had had no confidence in the New Zealand system, they
would not have chosen it as the forum for the Pitcairn Island historical sex
abuse trials. The
Criminal Bar Association agrees that the Australian judge's comments about
the New Zealand legal system are unnecessary. President Peter Winter
describes them as 'big brotherish', and displaying a lack of appreciation of
New Zealand courts. He says New Zealand judges would, in fact, warn a jury. |
