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Allegations of Abuse
in Institutions |
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"Remember me? I'm not a
little fella any more." So said a former Christchurch
school pupil to two Catholic clergymen, when confronting them in the foyer of
Sydney's Federal Court yesterday. Brother Rodger Moloney, 71, and
Father Raymond Garchow, 59, had just been ordered back to New Zealand to
stand trial for historical sexual-abuse allegations from their time at
Marylands, the St John of God Order residential school in Halswell. Moloney, as prior at Marylands,
was the man the former pupil turned to as an 11-year-old when he was getting
sexually abused by another brother. He is also the subject of an allegation
that the former pupil has made to Christchurch police. Moloney and Garchow have been
fighting extradition through the courts since their arrest nearly three years
ago. The former pupil, whom The Press
cannot name for legal reasons, was sent to Marylands as an eight-year-old in
the 1970s because of his autism, had not planned to confront the two men,
until the opportunity arose. "It was a spur of the moment
thing," he told The Press. "I just felt really angry with the time
it's taken to get this far, you know?" Moloney, as teacher and prior,
faces 28 charges of allegedly assaulting boys in the 1970s. Garchow faces
four charges from his teaching stint at Marylands between 1971 and 1980. In the latest twist to the saga,
Australia's Federal Court has upheld an appeal by New Zealand authorities
against an earlier ruling in April. A full bench of five judges has
overturned Justice Rodney Madgwick's controversial ruling that it would be
"unjust and oppressive" to extradite the men because of the delay
in bringing the charges and differences between the two countries' legal
systems. In particular, Madgwick
highlighted that New Zealand judges were not required to point out the
difficulty of such cases to jurors, as they were in Australia. Yesterday's decision, delivered by
Justice Catherine Branson, made reaffirming comments about New Zealand's
system, and ordered the men be handed over. Both countries were aware of the
difficulties, although they may address them in different ways, yesterday's
judgment said. "The courts of both countries
have exactly the same object, which is a fair trial," it said. Wendy Abraham, QC, acting for the
Christchurch police, requested immediate extradition, while the pair's
lawyer, Paul Byrne, said the men would appeal to the High Court. Auckland University associate
professor of law Scott Optican said the Federal Court made a correct call. "I have no doubt that these
people are going to get a fair trial, or at least as fair trial as they'd get
in Australia. So extradition is warranted," he said. "The requirements of a fair
trial in New Zealand are exactly the same as they are in Australia. It is
that simple. "You cannot rachet up
procedural differences between countries and say that those procedural
differences amount to the conclusion that a person in New Zealand will not
get a fair trial. Difference doesn't mean unfairness." Canterbury Criminal Bar
Association spokesman James Rapley said: "I think the decision is the
right one in that our courts do strive to ensure that there's a fair
trial." Brother Peter Burke, the
Australasian head of the order, said from Rome that the protracted process
had been a strain on him, the two men and every member of the order. He was also conscious of the
"enormous strain" on men who had come forward with their
allegations, their families and friends. "That is all I have to say at
this time from here in Italy, but I will issue further statements as
necessary as I gather more information from Australia," Burke said. The former pupil, now living in
central Sydney, was pleased with yesterday's outcome, inside and outside the
courtroom. "I have been waiting a long
time for this day and I wasn't going to miss my opportunity to be there in
person and confront them," he said. "I said `do you men remember
me'? I used to be a boy once, and I'm a man now. I said my name and they said
`I know who you are now'. "I was determined and the
opportunity came knocking." Four police officers arrived soon
after to ensure calm. Garchow was one teacher at
Marylands who had been kind to him. On reporting sexual abuse by
another brother to Moloney, the former pupil said he was told not to breathe
a word to anyone, not even his family. The offending brother disappeared,
and so did Moloney shortly after. Years later the former pupil was
paid nearly $95,000 by the order, one of five early complainants who received
a total of $300,000 in secret out-of-court settlements. The order has since
paid $5.1 million compensation to complainants. After yesterday's confrontation,
the former pupil was sur rounded by Australian tele vision cameras and got to
tell his boyhood story. ``I did it for the other victims, that it would give
them courage,'' he said. Male Survivors of Sexual Abuse Trust manager Ken
Clearwater said this was the court judgment members had been waiting for. ``The
men (Moloney and Garchow) need to come and face the allegations and let
justice take its course,'' he said. Broken Rites Australia, a support group
for victims, welcomed the judgment. ``This decision is fair. Now the law can
take its course,'' consultant Dr Bernard Barrett said. |
