Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/3 - Moloney & Garchow; High Court Appeal

 




NZ Herald
October 18 2006

Secrecy over return of clergymen to face sex charges
by Jarrod Booker

The long-awaited return of two Catholic clergymen to New Zealand to face multiple child-sex-abuse charges is veiled in secrecy.

After a three-year legal battle, the way has been cleared for Brother Rodger Moloney and Father Raymond Garchow to be extradited from Sydney to Christchurch to face a total of 32 charges of abusing disabled and disadvantaged boys at Marylands School in the 1970s.

The school was operated by the Order of St John of God.

Ken Clearwater, from the Male Survivors of Sexual Abuse Trust, which has advocated for many of the men's alleged victims, said the extradition was "huge".

"It gives the guys who have laid complaints the credibility and Australia has finally accepted that our law system will give them a fair trial," Mr Clearwater said. "It is just sad it has taken so long."

Moloney, 71, and Garchow, 59, have fought extradition since their arrest in 2003, and on Monday their last legal avenue was exhausted when the High Court in Australia refused special leave to appeal a Federal Court ruling in favour of extradition.

Some news reports said the pair were expected back in New Zealand yesterday and at least one person was seen waiting at Christchurch Airport to confront them.

A spokesman for the Australian Federal Police said the organisation would not comment on details of the extradition. The Christchurch detective heading the inquiry into the sex-abuse allegations also would not comment.

New Zealand police spokesman Jon Neilson said police were waiting to receive a formal notification from Australia. When the request comes, detectives from Christchurch are expected to travel to Sydney and escort the men back into New Zealand police custody. An initial court appearance would then be arranged as soon as possible.

Mr Clearwater said the alleged victims now had to contemplate testifying in court. For some the process of confronting the men would be like going back to when they were children.

"They will be re-traumatised and it is going to be difficult for them."

In March, Bernard Kevin McGrath, 58, was convicted of 21 charges of sexually abusing eight boys at the school. The order has paid about $5.1 million to ex-pupils who alleged abuse.