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Accusations of Abuse in Institutions

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The Press
June 20, 2002

Five abuse claims paid
by Yvonne Martin

Four Christchurch brothers from a troubled Catholic order have had sexual and physical abuse claims made against them, for which the church has paid out $300,000 in secret deals.

It has now emerged that the St John of God Order, which is under siege on both sides of the Tasman, has made payouts to five New Zealand complainants. All five had controversial confidentiality clauses built into their agreements. The order is calling for other people who believe they are victims of abuse by brothers to come forward or go to the police.

One complainant, who wants to be called Patrick, spoke out in The Press yesterday about how the church had bought his silence. He received a $30,000 payout in July 1999 on condition he kept quiet about his sexual abuse allegations from his years at a Christchurch residential school, Marylands. Critics say the church effectively paid "hush money" to bury a potential scandal.

The $300,000 paid out in New Zealand is on top of the $3.64 million compensation already paid by the St John of God Order in Australia to 24 intellectually disabled men who were sexually abused there. A total of 20 brothers in Australia and New Zealand have had allegations made against them.

Negotiations are continuing in Australia for out-of-court settlements in up to eight more cases involving the order.

Brother Peter Burke, the Australasian head of the St John of God Order, said the five New Zealand cases date back to the 1960s and 1970s.

None of the four accused brothers remained working for the order. Bernard Kevin McGrath, jailed for three years in 1993 after admitting 10 charges of indecencies on schoolboys, was suspended from the order. He is understood to be living in New Zealand.

The brother accused of abusing Patrick is retired, in his 80s, and living in a New South Wales rest home for brothers. He had always strongly denied the accusations, Brother Burke said.

The $30,000 payout was made on compassionate grounds to help Patrick and to cover therapy, he said. The agreement contained no admission of wrong-doing by the order or the brother.

The other two accused brothers have died.

Up until now, the order had investigated each case as it came to light in the last decade, but it could order a wider inquiry if necessary, Brother Burke said.

"If people do come forward as a result of this with a whole lot of complaints, we would certainly launch a full investigation into other matters," he said.

Brother Burke urged fresh complainants to contact him directly or through other parties, including the police, for their grievances to be investigated. "We have before and will continue to urge people to report matters to the police if they wish. We encourage that," he said.

Yesterday Brother Burke issued a personal apology to Patrick "for the hurt he has suffered and probably continues to suffer" over the confidentiality clause.

Patrick said he accepted the apology and has tried to put his schoolboy ordeal behind him.

The agreement forbids Patrick to comment on or publish his claims or the agreement. It dictates who he can confide in and orders that he must repay the money to the order -- within seven days -- should he breach the agreement. Brother Burke has already reassured Patrick that the order will not ask him to return the $30,000 for breaking his silence.

The order has since instructed its Australian and New Zealand lawyers that confidentiality clauses are not to be used in any future agreements.

Brother Burke said the order also intended pursuing the matter with the five New Zealand complainants. "We will be reviewing the documentation and having that clause deleted completely, and also reviewing their situation."

The secret payout to Patrick came more than a year after the Catholic bishops approved a protocol aimed at handling sex abuse openly. St John of God's brothers were among the congregations which adopted the document, A Path to Healing.

Brother Burke said strict employment protocols were now in place which included police checks for brothers working in church services.

Police child abuse unit manager Detective Sergeant Chris Power said it was unlikely that criminal charges would be laid in Patrick's case.