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Allegations of Abuse
in Institutions |
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Two Catholic clergymen could be be
back in New Zealand from Sydney as early as today to face historic sex abuse
charges after nearly three years fighting extradition. A group against sexual abuse today
trumpeted the return of Brother Rodger Maloney and Father Raymond Garchow as
a victory for the alleged victims. Male Survivors of Sexual Abuse
Trust chairman Ken Clearwater: "It is great common sense has
prevailed." He said the alleged offences were
committed in New Zealand "so they have to face the New Zealand courts
for those allegations". Moloney, 71, and Garchow, 59, were
not in the High Court at Sydney yesterday when the three-justice bench
dismissed their application for special leave to appeal their extradition. The pair have been in custody
since October 5 when the Federal Court ordered their return to Christchurch
where police want them to stand trial on charges relating to their tenure at
the former Marylands school which catered mainly for boys with intellectual
disabilities. Moloney faces 28 charges of
abusing boys at Marylands, a school run by the St John of God order. Garchow
faces four charges. Police allege the offences were committed between 1971
and 1980. The school closed in 1985. Australian police will likely
escort the men on their flight, and arrangements were being made late
yesterday afternoon. A member of the men's legal team said they would be
flown to Christchurch today. The men were arrested in Sydney
just after Christmas 2003. A local court magistrate ruled
early last year that they should be extradited, but this was overturned in
the Federal Court by Justice Rodney Madgwick, who said it would be
"unjust and oppressive" to extradite them for charges which date as
far back as 1971. He said they might not receive a fair trial in New Zealand.
The Australian Commonwealth, on
behalf of New Zealand authorities, appealed to a full bench of the Federal
Court, which reinstated the local court decision. Moloney and Garchow then applied
for special leave to appeal the full bench's decision and were granted an
expedited hearing yesterday. After all the delays -- Justice
Madgwick's decision was released a year after he heard submissions -- and
complex legal argument, yesterday's hearing was swift. After the men's counsel Tim Gain
took 20 minutes to put his case, and the Commonwealth the same time in reply,
Chief Justice Murray Gleeson and Justices William Gummow and Dyson Heydon
adjourned for five minutes before dismissing the application. "We are not persuaded that the
interests of justice require the granting of special leave to appeal to this
court," Chief Justice Gleeson said. |
