Allegations of Abuse in Institutions


St John of God - Marylands - Index


2006/3 - Moloney & Garchow; High Court Appeal

 




The Press
October 20 2006

Decisive move for fair trial
by Mike Steere and Dean Calcott

New Zealand authorities are taking decisive measures to ensure a fair trial for two Catholic clergymen accused of historical sex abuse at a Christchurch boys' school.

Father Raymond John Garchow, 59, and Brother Rodger William Moloney, 71, arrived in Christchurch late on Wednesday from Sydney, after their three-year fight against extradition failed this week.

They were whisked away from waiting media.

Moloney faces 28 charges of abusing boys at Marylands, a Christchurch school run by the St John of God Order.

Garchow faces four charges.

Moloney and Garchow were yesterday remanded on bail after a brief appearance in the Christchurch District Court. Judge Patrick Mahony has ordered no images be published of the pair until a further order is made.

Details of where the men are staying are suppressed. They must surrender their passports and report to police.

Detective Sergeant Earle Borrell, of the Christchurch police, said the measures taken by police to keep the men away from media were to ensure a fair trial.

"It's not a matter of being secretive. No doubt the public have an interest, but in the interests of providing these people with a fair trial police have to take these measures," he said.

The efforts to ensure a fair hearing come after an Australian Federal Court judge, Justice Rodney Madgwick, in April suggested the two would not receive a fair trial in New Zealand.

Yesterday, Garchow and Moloney stood impassively in the dock for their appearance.

Lawyer Chris McVeigh, QC, appearing for both men, asked for a two-week remand on bail without plea.

McVeigh said bail was not opposed by police.

Crown prosecutor Chris Lange asked for a two-week prohibition of publication of images of the pair, since identification could be an issue at any trial. The matter could be more fully addressed later, Lange said.

McVeigh said he consented to non-publication of images.

The judge remanded the pair on conditional bail to November 2 without plea.

Both men were taken out by police through the court cell entrance, rather than the public exit usual for people released on bail.

Police escorting the pair sped off from the court.

The St John of God Order is continuing to support the pair, but will not reveal where they are staying, although it says they will not be returning to the location of their alleged offences.

St John of God Brothers spokesman Simon Feely said the order was searching for a place where the pair could stay.

"Since being bailed this morning, the order is now looking for appropriate accommodation for these two members, accommodation apart from any of the order's communities in New Zealand," he said.

Although Moloney and Garchow were no longer involved in duties for the order, it continued to support them financially, he said.

"As with any member of any religious order, because they have no assets, no finances individually, they are supported by the order to which they belong," he said. "That support includes their legal fees, accommodation expenses and so on."

Male Survivors of Sexual Abuse Trust spokesman Ken Clearwater said it was a relief the men were finally in New Zealand to face the charges. "Just the fact they are here is amazing for us and the guys."