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Allegations
of Abuse in Institutions |
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The Australian judge
who last week refused to extradite two Catholic clergymen to face trial in
New Zealand on child sex charges must surely be out of step with his peers
there, and prosecutors here must appeal. Brother Rodger Moloney,
71, and Father Raymond Garchow, 58, face numerous charges of abusing boys
while teachers at Christchurch's Marylands Special School in the 1970s, and
last week won an appeal against extradition on what have to be considered
shaky grounds. Justice Rodney Madgwick
had three main concerns. That the men would face trial together, that they
would have difficulty mounting defences to historical charges and that there
is no requirement in New Zealand law for judges to warn juries about the
difficulties in reaching decisions in historical cases. It would be unjust
and oppressive for them to face trial here, he concluded. But none of the
concerns stacks up. The charges arise from similar offending at the same
place over the same time. Sexual cases are often historical. In this
instance, the Catholic Church has been blamed for much of the delay,
sidelining complaints for years. To its credit now, it wants the men
extradited and has urged New Zealand police to appeal. It will not fund a
third extradition defence. And the third straw, to
which Justice Madgwick seemed to cling most strongly, is laughable. While New
Zealand law doesn't require judges to direct juries about the dangers of
historical charges, most do anyway. Also, defence lawyers will make much of
the point, and jurors aren't stupid. The men must be made to
face trial in the country of the alleged offences. This sets a dangerous
precedent, although calls for the New Zealand Government to become involved
are misguided. Imagine the feelings of
the alleged victims here. They already consider they have had the runaround
from the church, and must be wondering if their nightmare is ever going to
end. Justice Madgwick hasn't considered them at all. The clergymen must be
made to face their accusers. Rather than being unjust for these men to be
extradited, it would be unjust if they were not. |
