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Allegations
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A Catholic brother who
won a fight against extradition from Australia for allegedly sexually abusing
disabled boys in the 1970s has been unmasked after a judge lifted a
suppression order. He is Rodger Moloney,
71, who faces 28 charges of abusing 12 boys while he was a teacher at
Christchurch's Marylands Special School between 1971 and 1977. Moloney and another St
John of God Order member, Father Raymond Garchow, have been fighting
extradition to New Zealand since they were charged in November 2003. Garchow, 58, faces four
charges relating to alleged events at the school between 1971 and 1980. Crown solicitors in
Christchurch yesterday began an urgent review 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 in New Zealand. Justice Rodney Madgwick
said the pair would face an "unjust or oppressive" hearing because
of the age of the charges and the fact New Zealand judges were not required
to point out the difficulty of such cases to jurors, as they were in
Australia. Christchurch law firm
Raymond Donnelly, Crown Solicitor in the city, is expected to make
recommendations to the Crown Law Office in the next few days on the prospects
for an appeal, which must be lodged within two weeks. The judge's decision
has been condemned by New Zealand legal experts and victims' rights groups,
who have urged an appeal. 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 in effect usurped
decisions that should be made by New Zealand judges. "The defence
lawyers are going to get up and down and scream about how old the case is, so
the jury's going to hear that, they're going to be thinking it anyway. "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 between Australia and New Zealand that
extradition would not be warranted." The ruling did not set
a precedent as 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 the men's fees beyond the Federal
Court hearing. The order, which wants
the men to return to face the charges, has defended paying their legal fees
on the grounds they remain members and have no assets of their own. 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. Moloney's name was
suppressed in New Zealand until yesterday, when Justice Chisholm lifted the
order in the High Court in Christchurch. The move followed
extensive publication of Moloney's name in Australia and publicity in New
Zealand. Suppression of details about some allegations remains in place. Australian-born
Moloney joined the order in 1959. He was elected prior of Christchurch in
1971, a position which made him responsible for the management of the school
and St John of God Hospital. He remained in the post until 1977, when he was
transferred to the Vatican. --Dominion Post |
