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Allegations
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A Catholic brother who
won a fight against extradition from Australia for the alleged sexual abuse
of disabled boys in the 1970s has been unmasked after a judge lifted his
suppression order. He is Rodger Moloney,
71, who faces 28 charges of abusing 12 boys while he was a teacher at
Marylands Special School in Christchurch between 1971 and 1977. Moloney and another St
John of God Order member, Raymond Garchow, have been fighting extradition to
New Zealand since they were charged in November 2003. Garchow, 58, faces four
charges over alleged events at the school from 1971 to 1980. Crown solicitors in
Christchurch began an urgent review yesterday of an Australian Federal Court
judge's ruling that overturned an extradition order against the men on the
grounds they could not get a fair trial here. Justice Rodney Madgwick
said the pair would face an "unjust or oppressive" hearing because
of the time that had passed since the alleged offences and the fact New
Zealand judges were not obliged to inform jurors of the difficulty of such
cases, as in Australia. Christchurch law firm
Raymond Donnelly is expected to advise the Crown Law Office soon on the
prospects of an appeal, which must be lodged within two weeks. Justice Madgwick's
decision has been condemned by New Zealand legal experts and victims' rights
groups. But the New Zealand Government is staying out of the row, and Justice
Minister Mark Burton's office said he would not comment. Auckland University
associate law professor Scott Optican said the ruling effectively usurped
decisions that should be made by Kiwi judges. "You're talking
about a few sentences in a jury trial, and it's impossible for me to believe
that the presence or absence of this judge's instruction creates such a
marginal difference in fairness." The ruling did not set
a precedent because extradition cases were decided on discretion. Should the
case go to another hearing -- the third since police laid charges -- Moloney
and Garchow will be left to pay their own legal fees or seek legal aid. The order's Australian
head, Brother Peter Burke -- who is in Rome discussing sex abuse in the
Catholic Church -- has ruled out paying their fees beyond the Federal Court
hearing. The group, which wants the men to return to face charges, has defended
paying their legal costs, saying they remain members and have no assets. The charges follow a
2002 investigation sparked after the order paid $300,000 to former Marylands
pupils who complained of sexual abuse. Former teacher Brother
Bernard McGrath was convicted of 21 charges in Christchurch last month and
will be sentenced on Thursday. A fourth brother, William Lebler, 83, is too
sick to stand trial on 32 counts of sexual assault going back 50 years. Moloney's name was
suppressed in New Zealand till yesterday, when the order was lifted in the
High Court at Christchurch. This followed extensive publicity in both
countries, though Justice Lester Chisholm continued suppression of some
allegations. --------------- CAPTION: Court fight: Raymond Garchow,
left, and Rodger Moloney face abuse charges from the 1970s. |
