Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/2 - Moloney & Garchow; Federal Court Appeal

 




The Press
May 18 2006

NZ allowed appeal to extradite clergy

An Australian judge has agreed to allow an appeal by New Zealand authorities hoping to extradite two Catholic clergy facing sex-abuse charges.

The motion for appeal was lodged in the Australian Federal Court by New Zealand authorities after the court last month overturned an extradition order for two St John of God Order members.

The judge declined to allow the extradition of Brother Rodger Moloney, 71, and Father Raymond Garchow, 58, on the grounds they would not be able to get a fair trial in New Zealand.

This week, Justice Edmonds heard the motion for appeal in Sydney.

A court spokesman said the judge agreed to the motion, and the appeal was expected to be heard in the next round of appeals in Sydney in August.

Crown solicitors in Christchurch had recommended an appeal and it was also approved by the New Zealand Solicitor-General and the Director of Public Prosecutions in Sydney.

Moloney faces 28 charges of abusing 12 boys during his time as teacher and prior at Marylands School in Halswell in the 1970s.

Garchow faces four charges from when he worked at the same residential school.

The men have been fighting extradition from Australia since their arrest in December 2003.