Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/3 - Moloney & Garchow; High Court Appeal

 




Stuff
October 13 2006

Hearing granted for extradition appeal

SYDNEY: Three High Court of Australia judges will hear an application on Monday by two Catholic clergymen wanting to appeal their extradition to New Zealand, where police want to charge them with historic sexual abuse charges.

Chief Justice Murray Gleeson today granted Brother Rodger Moloney and Father Raymond Garchow a hearing for special leave to appeal an extradition order imposed by the full bench of the Federal Court last week.

The pair are in custody and did not appear in court today. An application for bail if special leave is granted will also be heard on Monday.

Moloney, 71, faces 28 charges of abusing 12 boys at the former St John of God Marylands School in Christchurch, while Garchow, 59, has four charges awaiting him if he is extradited.

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 as far as 1971.

The pair have been fighting extradition for nearly three years.

Chief Justice Gleeson said two fellow High Court judges would hear their application for special leave to appeal on Monday.