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Allegations of Abuse
in Institutions |
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Advocates for victims of sexual
abuse at a notorious Christchurch boarding school are thrilled at a court
decision allowing two Catholic clergymen to be extradited from Australia to
face charges. However, they are also wary of the
prospect of further legal battles which could yet prevent Brother Rodger
Moloney and Father Raymond Garchow, from the St John of God Order, being
brought before a New Zealand court. The pair face a total of 32
charges of abusing boys in their care at Marylands School in the 1970s. The
school's pupils were disadvantaged and had learning difficulties. Five judges from the Australian
Federal Court unanimously decided yesterday to allow the extradition, which
the Herald understands can be appealed to the High Court in Australia. In an
earlier federal court hearing, Justice Rodney Madgwick found the length of
time since the alleged crimes and differences between the legal systems in
New Zealand and Australia would make it difficult for the two men, aged 71
and 59, to get a fair trial in New Zealand. New Zealand appealed and the court
yesterday found that Justice Madgwick's judgment should be set aside and the
two brothers surrendered to New Zealand authorities. Moloney and Garchow, suffering
prostate and throat cancer respectively, have been fighting extradition since
their arrests in 2003. In March, Bernard Kevin McGrath,
58, was convicted of 21 charges of sexually abusing eight boys at the school.
The Order of St John of God has paid about $5.1 million to former pupils who
complained of abuse. The Male Survivors of Sexual Abuse
Trust, which has worked with many of the men claiming abuse at the school,
yesterday said it was extremely pleased that "common sense has
prevailed". "Our clients, many of whom
tried to disclose the abuse as children and even later as adults, will be
relieved that finally these men will be made to answer their accusers,"
said spokesman John Prince. "The passage of time does not
diminish the traumatic memory for a victim, nor does it absolve the
perpetrator of full responsibility. "It will be a further step
towards closure for the parents of our clients. Many feel a sense of guilt
having sent their sons to the school, for some it is not 'historical' in the
full sense of the word, as they knew nothing about it until four to five
years ago when the first public disclosures were made." Ken Clearwater, also from the
trust, said it had been a long wait and everyone involved would now be
crossing their fingers that there were no further court appeals. Crown Law Office spokeswoman Jan
Fulstow said New Zealand authorities simply had to wait and see if the
federal court's ruling was appealed. |
