Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/1 - The trial of Bernard McGrath

 




The Press
April 28 2006

Sentence dismays victims
by Dean Calcott

Breached trust: Bernard McGrath listens to his
sentencing in the High Court in Christchurch yesterday.
Dean Kozanic/The Press

 

Anger erupted as former St John of God brother Bernard Kevin McGrath's five-year jail term for sexually abusing boys at Marylands School in the 1970s was announced in the High Court in Christchurch yesterday.

"Die, you f...... priest," said one man.

"What a waste of time," said another as McGrath was led away to the cells.

Later, the manager of the Male Survivors of Sexual Abuse Trust, Ken Clearwater, said he was in shock.

"Five years is a joke. For what that man's done, it's an insult to the victims. I know there will be a lot of men hurting out there at the moment. I hope they have supports in place to help them get through this."

During an emotionally-charged appearance in the packed courtroom, McGrath was jailed for five years by Justice Chisholm, who said he had to take a global approach in what was a very difficult sentencing.

In setting the sentence, the judge had to take into account two earlier prison terms – three years in Christchurch in 1993, and nine months in Sydney later – that McGrath received for similar offending.

"You were there to be their protector. In truth you were their abuser," the judge said at yesterday's sentencing.

"They had nowhere to turn, no-one to go to. It is no wonder they reacted in such a distressing way when they gave evidence."

He told the 58-year-old former Catholic brother that he was sceptical of his claims of remorse, and noted that McGrath had received a two-year "discount" on his 1993 sentence for his full and frank admissions of guilt.

McGrath did not react as the sentence was pronounced.

He appeared frail, and sat with his head bowed in the dock while the legal argument about his sentence took place.

Earlier this month, he was found guilty by a jury on 21 charges of sexual offending against children at Marylands from 1974 to 1977. They involved allegations of indecent assault, inducing indecent acts, and doing indecent acts.

The judge noted nine victims at the time were aged between nine and 15, and that 14 of the counts McGrath was found guilty on were representative. In two cases, he offended over three years 10 months – effectively the entire time he was at Marylands.

"I don't think you should ever be placed, or allow yourself to be placed, in the situation where you are with young people," the judge said.

Victim impact reports were disturbing.

"They refer to anger, fear, anxiety, low self-esteem, and post-traumatic stress disorder. In some cases they suffered gross problems in later life."

Speaking outside the court, one of McGrath's victims said the five-year sentence "sucks".

"I thought he would get life," the man said.

Nevertheless, he felt he had some sort of closure – as long as McGrath did not leave prison and hurt other children.

Another man, who was not a victim of McGrath but was a pupil at Marylands at the same time, said he had expected at least seven to 11 years.

He said he was disgusted with the justice system.

The mother of an Australian victim told The Press the sentence was a joke.

"I think the light sentence is disgraceful. It is in no way commensurate with the suffering of so many young lives at the hands of this paedophile and all the other predators in that house of horrors called the St John of God Order."