Allegations of Abuse in Institutions
	St John of God - Marylands - Index 2006/2 - Moloney & Garchow; Federal Court Appeal
	The Press May 4 2006 NZ to appeal clergy ruling by Yvonne Martin New Zealand authorities have decided to pursue the extradition of two Catholic clergymen facing historic sexual-abuse charges. An appeal is about to be lodged against an Australian Federal Court decision overturning an extradition order for the two St John of God Order members, Brother Rodger Moloney, 71, and Father Raymond Garchow, 58. Crown solicitors in Christchurch recommended an appeal and it has been approved by the New Zealand Solicitor-General and the Director of Public Prosecutions in Sydney. An appeal must be lodged by Monday and will be heard by a full bench of judges in the Federal Court. Moloney faces 28 charges of abusing 12 boys during his time as teacher and prior at Marylands School in Halswell, Christchurch, in the 1970s. Garchow faces four charges from when he worked at the same residential school for intellectually impaired boys. The men have been fighting extradition from Australia since their arrest in December 2003. St John of God has bankrolled the men's legal battle but said last month that its support would be pulled when the matter ended at the Federal Court. There was no-one at the order's Sydney headquarters yesterday who could comment. The Australasian head, Brother Peter Burke, has been in Rome discussing sex abuse in the Catholic Church. Male Survivors of Sexual Abuse Trust manager Ken Clearwater was pleased authorities were pursuing the pair's extradition. "The guys will be rapt to know there is going to be an appeal." Clearwater said it was only fair, given a former St John of God brother Bernard Kevin McGrath, 58, had been convicted in March and jailed for five years for sexually abusing Marylands boys in the 1970s. "Crimes have been committed here and these two men have to return to New Zealand to face their charges," said Clearwater. A former Marylands resident from the 1970s, who claims he was abused by Moloney, was hoping for a quick resolution. "I am hoping that it's not going to drag on for a year or two," he said. "I just want it all over and done with so I can get on with my life." It took one year for the Federal Court judge in Sydney, Justice Rodney Madgwick, to release his decision to overturn an extradition order, on grounds that the men would not get a fair trial in New Zealand. He said that 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. The judge's decision last month was criticised by New Zealand legal experts and victims' rights groups, who called for an appeal. Clearwater hoped the high-profile nature of the case would ensure the appeal was dealt with promptly.