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Allegations of Abuse
in Institutions |
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A former Christchurch school pupil
of two Catholic clergymen confronted them today after the Australian Federal
Court ruled they be extradited to face charges of sexually abusing boys at
the school. Brother Rodger Moloney, 71, and
Father Raymond Garchow, 59, were in court in Sydney to hear the decision
which upheld an appeal by Christchurch police against a Federal Court ruling
in April. Five justices – a full bench of
the Federal Court – overturned Justice Rodney Madgwick's ruling that it would
be "unjust and oppressive" to extradite the pair for charges which
date back to between 1971-80. The pair's lawyer, Paul Byrne,
said the men would appeal to the High Court, while Wendy Abraham QC, acting
for Christchurch police, requested immediate extradition. Justice Catherine Branson, who
delivered today's decision, was considering Mr Byrne's application for bail. Mr Byrne said the pair would face
"particular risk" in custody due to the publicity surrounding the
case. Moloney faces 28 charges of
abusing 12 boys and Garchow four charges from when they taught at the former
St John of God Marylands school in Christchurch, which mainly catered for
intellectually impaired boys. Outside court, the pair, now
living in Sydney, came face to face with former Marylands pupil Brian
Uttinger who shouted: "Remember me? I'm not a little fella any
more." Four police arrived soon
afterwards to ensure calm. Mr Uttinger welcomed today's decision,
likening his experiences at the school between 1974-81 to "being in a
prison". He said he had only recently
plucked up the courage to discuss abuse at the school. "I've suffered most of my
life since I was eight years old when it all started," he said. "I don't sleep well at night,
I sleep at odd hours, and even to this day I have nightmares. I suffered in
silence for so many years." Having lived in Sydney for the
past four years, Mr Uttinger said he came forward on behalf of other former
pupils at the school and to put "a face to the name". "For the sake of the other
victims, it's given them the courage to come forward and not be afraid of the
Catholic church and St John of God. "It's the first step to
hopefully move forward with my life and try and make something positive
happen for my future. It's been a very long time for it to get this
far." Today was the latest twist in a case stretching back nearly three
years when Moloney and Garchow were arrested in December 2003. They have been
fighting extradition ever since. New Zealand's solicitor-general
and the New South Wales director of public prosecutions endorsed a decision
by Crown solicitors in Christchurch to appeal Justice Madgwick's decision,
which was a reversal of an earlier Local Court ruling that the men should be
surrendered to New Zealand. Justice Madgwick had ruled that
the differences in the New Zealand and Australian legal systems and the
length of time since the alleged offences would make it difficult for the men
to receive a fair trial. Ms Abraham argued in April that it
was impossible for an Australian court to judge what prejudice because of
delay might occur towards an accused wanted in New Zealand without hearing
all the evidence. The St John of God order has paid for
the men's court cases. |
