Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/2 - Moloney & Garchow; Federal Court Appeal

 




NZ Lawyer
Issue 41, June 2 2006

Sex cases
Letter to the editor
by Gerald Lascelles and Kerry Cook, Barristers, Christchurch

Had they considered the Peter Ellis case, Denise Arnold and Scott Optican might have been more circumspect in their comments on Justice Madgwick's decision, reported in NZLawyer issue 39, 5 May 2006: 'Australian criticism of NZ sex cases "justified"'.

Regardless of any appeal result, the Judge has expressed views which, with some justification, many criminal lawyers share.

Those charged with exploring possible injustice might reflect on this thoughtful Australian judgment and, at the same time, consider if the issue of imposing statutory time limits for the making of complaints in sexual cases should be fully debated.

This is an area where fraudsters, blackmailers and, sometimes, downright cranks flourish. They have been encouraged by the politically correct, by the timorousness of political leadership and by those to whom the righting of wrongs is secondary to their personal agendas.