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This page last
updated October 23 2006
June 2 2006 Barristers criticise Denise Arnold, Scott
Optican
Christchurch
barristers Gerald Lascelles and Kerry Cook write: "Had they considered
the Peter Ellis case, Denise Arnold and Scott Optican might have been more
circumspect in their comments on Justice Madgwick's decision".....This
is an area where fraudsters, blackmailers and, sometimes, downright cranks
flourish. They have been encouraged by the politically correct, by the
timorousness of political leadership and by those to whom the righting of
wrongs is secondary to their personal agendas
2006-0602
- NZ Lawyer - Sex cases
 
Gerald Lascelles Scott Optican
May
18 2006 Australian Courts grant NZ
leave to appeal extradition decision
New Zealand
authorities have Australian court clearance to appeal a decision last month
that overturned an extradition order against two Catholic clergymen facing
historical sex abuse charges. Justice Rodney Madgwick had overturned the
extradition order granted last year because he said Brother Rodger Moloney,
71, and Father Raymond Garchow, 58, would not get a fair trial.
2006-0519 - NZ Herald -
Extradition appeal allowed over priests
2006-0518 - The Press - NZ allowed
appeal to extradite clergy
May 8 2006 NZ files appeal against Australian
decision not to allow extradition
An appeal has
been filed against an Australian court decision that two Catholic clergymen
would not have to return to New Zealand to face child sex charges.....
Following approval from New Zealand's Solicitor-General and the Director of
Prosecutions in Sydney, an appeal against that decision has been lodged. The
Dominion Post has an editorial discussing and commending the decision.
2006-0508 - One News - Appeal
against extradition decision
2006-0508 - Dominion Post -
Law and the Church Order
May 5 2006 - NZ Lawyer
article argues Australian criticism of NZ sex cases justified
Andrea Milner comments that while Madwick's decision "has sparked outcry
from defenders of local criminal law and procedure, other commentators have
concluded that the decision is sadly justified.". Examples of the outcry
are Denise Arnold's (Ecpat) statement that NZ will become "a haven for
paedophiles". However Milner agrees with Judith Ablett Kerr QC that
"alarm bells should be ringing" including. : "Delays; the loss
of potential witnesses and documents, had resulted in serious presumptive,
and actual, prejudice to the accused; unfairness associated with
representative charging, multiple-count charging, similar fact evidence, “dubious
investigative and interviewing processes”, and “the dangers associated with
mass allegation cases, including concoction or unconscious contamination of
complainant testimony.” Madgwick
referred to the possibility of joint trials that would likely be regarded as unjust in Australia
and not occur.....
2006-0505
- NZ Lawyer - Australian criticism of NZ sex cases ‘justified’
May 4 2006 NZ decides to lodge appeal against Australian
extradition decision
New Zealand
authorities have decided to pursue the extradition of two Catholic clergymen
facing historic sexual-abuse charges. An appeal is about to be lodged against
an Australian Federal Court decision overturning an extradition order for the
two St John of God Order members, Brother Rodger Moloney, 71, and Father
Raymond Garchow, 58.
Federal Court judge in Sydney, Justice Rodney Madgwick,
released a decision last month to overturn an extradition order, on the
grounds that the men would not get a fair trial in New Zealand. He said that
the pair would face an "unjust or oppressive" hearing because of
the age of the charges and the fact New Zealand judges were not required to
point out the difficulty of such cases to jurors, as they were in Australia
Male Survivors of Sexual Abuse Trust manager Ken
Clearwater was pleased authorities were pursuing the pair's extradition.
"The guys will be rapt to know there is going to be an appeal."
2006-0505 - NZ Herald - New bid to have
pair extradited
2006-0504 - Radio NZ - NZ to
appeal decision not to allow extradition
2006-0504 - The Press - NZ to
appeal clergy ruling
2006-0504 - One News - NZ to
appeal extradition denial
April -May 2006 - Letters
to the Editor, commending Madgwick decision
Martin Bond calls his
comments "timely" and makes reference to the "flagrant miscarriages of justice
perpetrated and perpetuated in the Peter Ellis case". He says the views
of Madwick are vitally important. Graeme Sutherland congratulates
Madgwick and referes to anti-male bias in courts. Peter Burns calls Madgwicks decision a "stunning
rebuke". Paula Weir has
"grave concerns" the accused will receive fair trial. Gordon Waugh says that judge has
"described our sex trials to a T"
2006-0501 - Dominion Post - Judge's
views are vital
2006-0501 - Dominion Post - This
isn't pre- war Germany
2006-0426 - The Press - Stunning
rebuke
2006-0426 - NZ Herald -
Historical rape allegations
2006-0426 - NZ Herald -
Historical rape allegations
April -May 2006 - Letters
to the Editor, criticising Madgwick decision
Grant
Shanks calls Madwick's comments bizarre, and makes cynical
suggestion; Richie Poole says Madgwick's criticism repugnant, and that no
Australian should have the gall to criticise our legal process
2006-0426 - The Press - Bizarre
comments
2006-0426 - NZ
Herald - Historical rape allegations
April 2006 - Plea from "survivor" groups for extradition
Ken Clearwater, manager of the Male Survivors of Sexual Abuse Trust, which
has supported many of the alleged victims, has contacted the Prime Minister
to ask the Government to get involved after Raymond Garchow and Rodger
Moloney had their extradition order overturned by an Australian Federal Court
judge last week
2006-0429 -
The Press - Alleged abuse victims join extradition call
2006-0427 - NZ Herald - Plea to
Clark on extradition
2006-0427 - The Press - Plea to PM
on clergy
April 25-28 2006 - Newspaper Editorials comment on decision
Editorials from
the Timaru Herald and Southland Times criticise Justice Madgwick's decision. The Timaru Herald says that none of
the concerns "stack up"; The
Southland Times approach is flippant: It appeals to readers basic
instincts of prejudice against Australians ("could only have come from
an Australian", "Justice Madgwick needs to be told to run
along").
In contrast the NZ Herald says
that Madwick's decision should not be resented. "This is an instance
where our justice has been genuinely found deficient. We need to deal with
it". The Press editorial is
very considered: It acknowledges there is no undertone of disrespect to the
NZ justice system, states clearly that the law is arguable, and concludes
that the case needs to be appealed
2006-0428 - Southland Times - Lest
ye be judged
2006-0427 - Timaru Herald -
Make them face up
2006-0426 - NZ Herald -
Australian judge's fear is justified
2006-0425 - The Press - Marylands
mess
April 25 2006 - Discussion of the Madgwick decision
Simon Collins of
the NZ Herald, discusses the differences in law between New Zealand and
Australia, that caused Justice Madgwick to make his ruling. In particular the
need for Australian juries to be warned of the problems involved in
historical allegations.
2006-0425 -
NZ Herald - Jury warning put on scales of 'justice'
April 24 2006 - Review of case
In June 2002 a
Press investigation revealed the St John of God Catholic religious order
secretly paid out more than $300,000 to five former pupils of the Marylands
residential school in Christchurch, who said they were sexually and
physically abused in the 1960s and 1970s. In the years since more than 125
complaints about historic sexual abuse involving the St John of God Order
have been made and the order has paid out a total of $5.1 million to
Marylands complainants.
(peterellis.org.nz: Critics would point out that the prospect
of large amounts of money, has tainted the reliability of the evidence. The Press review fails to note that there
have been successful prosecutions for fraud)
2006-0424
- The Press - Catholic inquiry stretches over four years
April 24-25 2006 - Further discussion & Madgwick decision may be
appealed
Police and Crown
prosecutors will decide in the next few days whether to appeal against the
Australian court decision; Suppression orders are lifted on Roger Moloney
2006-0425 - The Press - Name of alleged
sex abuser released
2006-0425 - Dominion Post -
Court unmasks Catholic brother in boy sex case
2006-0424 - One News -
Extradition decision may be appealed
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PeterEllis.org.nz
April 24 2006
Criticism of Justice system needs to be listened to
Press Release
Australian judge Rodney Madgwick
has delivered a verdict that effectively says that those accused of
historical sex abuse allegations in New Zealand are unable to get a fair
trial. This judgment follows the recent petition associated with the
Christchurch Creche case concerned with similar issues. The petition
requested a commission of inquiry, headed by an overseas judge, into the
way sex abuse allegations are investigated and prosecuted in NZ.
Peterellis.org.nz renews calls
for such a commission of inquiry to take place urgently, spokesperson Brian
Robinson said today. "New Zealand is reaping the consequences of
failing to deal honestly and effectively with the failure of justice in the
Christchurch Creche case, both in the conduct of the investigation and
trial and the provision of remedies afterwards."
Sex abuse is a terrible crime,
but countering such abuse is not advanced by locking up innocent men, or
condoning a system that has been branded by Judge Madgwick as "unjust
and oppressive".
Peterellis.org.nz also calls on
all lawyers who have rushed in with knee-jerk reactions to defend the
system, to step back a while, and actually read the full judgment of Rodney
Madgwick. The appropriate action is not to whinge that NZ is being treated
unfairly but to fix the glaring defects in our legal system. Madgwick's
comments equate our judicial system to that of a banana republic, as lawyer
John Miller has pointed out. Rather than petulantly calling out
"nonsense" and "bizarre" lawyers would be better
advised to make suggestions to improve our justice system - to at least the
standard, or better - of what is expected in Australia.
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April 22-25 2006 - NZ Reaction supporting Justice Madgwick's decision
Peter Williams
(President,
Howard League for Penal Reform): Agrees that the case is unjust; Brian Robinson (Spokesperson,
peterellis.org.nz); Calls on lawyers to step back from knee jerk reactions
and read the judgment - and fix the glaring defects; Tony Ellis (President, NZ Council for Civil Liberties): urged NZ
judges to adopt the Australian practice of always warning juries the defence
might be prejudiced in historical sex abuse cases; Greg Walsh (Lawyer for Accused) "From their point of view
they're relieved that their ordeal is over now,"
2006-0425 - NZ Herald -
Extradition saga ends name suppression for clergyman
2006-0424 - Peter Ellis Org -
Criticism of Justice System needs to be listened to
2006-0424 - Newstalk ZB -
Support for extradition refusal
Tony
Ellis (President, NZ Council
for Civil Liberties)
April 22-25 2006 - NZ Reaction criticising Justice Madgwick's decision
Greg Walsh (Lawyer for men):
"They're relieved that their ordeal is over now" John Langford
(Wellington lawyer) said suggesting the pair would not get a fair trial in
New Zealand was "quite bizarre";
James Rapley (Canterbury
Criminal Bar Association president): "The judge saying they would not
get a fair trial is most unusual." Ken
Clearwater (Chairman of Male Survivors of Sexual Abuse Trust): To be told
our justice system is inadequate is wrong. Mother of complainant: "staggered"; Denise Arnold (Legal advisor Ecpat):
"Australia a haven for paedophiles?" Chris Finlayson (National Party MP): "unfair and
insulting"; Peter Winter (Criminal
Bar Association President) "displays a lack of appreciation of New
Zealand courts"; John Miller
(Criminal lawyer) "These comments are equating us to a banana
republic"; Scott Optican (Law
Lecturer): The decision has to be incorrect
2006-0425 - Otago Daily Times - NZ
judiciary defended by lawyers
2006-0424 - National Radio
- Extradition Block Criticised
2006-0424 - NZ Herald -
Australian judge's ruling 'insulting, nonsense'
2006-0424 - Newstalk ZB -
Judge criticised over "unjust" jibe
2006-0424 - Dominion Post -
Aussie judge says NZ courts 'unfair'
2006-0423 - Ecpat - Concerned by
Australian Judge's Decision
2006-0422 - One News - Ruling
stuns sex abuse campaigners
Ken Clearwater
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April 21 2006 - Australian Federal Court Judgment by Justice Madgwick
In the Federal
Court of Australia
New South Wales District Registry
Between Roger Moloney
(First Applicant)
Raymond Garchow (Second
Applicant)
And New Zealand (First
respondent)
Magistrate Hugh
Christopher Bryant Dillon (Second respondent)
Judge Justice Madgwick
Date of
order 21 April 2006
Where
made Sydney
The
Court orders that ........The Decision of his Honour Magistrate Dillon be
quashed
2006-0421 - Federal
Court Australia - Judgment (pdf
file 748 kB)
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April 21 2006 - Australian Court rules no
extradition: NZ justice "unfair"
A Local Court
magistrate in Sydney last year ordered the extradition of Roger Moloney and
Raymond Garchow to New Zealand, but the men asked the Federal Court to review
that decision. Justice Rodney Madgwick ruled that the differences in the New
Zealand and Australian legal systems, and the length of time since the
alleged crimes, would make it difficult for the men to receive a fair trial.
He said despite the great seriousness and distressing quality of the
allegations, it would be unjust for the extradition to go ahead
2006-0424 - The Press - Priest-sex
case blocked
2006-0421 - The Australian -
Child sex extradition overturned
2006-0421 - ABC Online -
Clergymen's NZ child sex charges extradition overturned
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