Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/2 - Moloney & Garchow; Federal Court Appeal

 




The Press
April 24 2006

Catholic inquiry stretches over four years

In June 2002 a Press investigation revealed the St John of God Catholic religious order secretly paid out more than $300,000 to five former pupils of the Marylands residential school in Christchurch, who said they were sexually and physically abused in the 1960s and 1970s.

Advocates for the men described the payments as "hush money" and over following weeks it emerged numerous other former pupils had made similar complaints.

In the years since more than 125 complaints about historic sexual abuse involving the St John of God Order have been made and the order has paid out a total of $5.1 million to Marylands complainants.

Four clergy and brethren from the order have been accused by Christchurch police of historic child-sex offences at Marylands as far back as 1950s and up to the 1970s.

But only one of the four, Bernard Kevin McGrath, has faced a trial. In March this year he was found guilty of 21 charges relating to his time at Marylands in the 1970s. It was the biggest child-sex trial in New Zealand legal history and McGrath is due to be sentenced this week.

The other three remain in Australia after refusing to return to New Zealand to face the charges.

In February last year a Sydney magistrate ordered Father Raymond Garchow and another man, who has name suppression, to be extradited.

The third man, Brother William Lebler, now 83, who faced the most serious allegations -- 32 counts of sexual assault, buggery and sodomy, dating back half a century was judged "borderline mentally retarded" and too sick to stand trial.

He is in the care of an institution for the elderly.

Garchow and the other man, appealed to the Federal Court last April, arguing extradition would be unjust and oppressive because of the delay in bringing the charges and the possibility of collusion between complainants.

It took a year for Justice Rodney Madgwick to prepare and release his decision.