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The Press
November 8, 2003
Abuse complainant sues Catholic Church
by Yvonne Martin
A
Christchurch woman is suing the Catholic Church over its handling of a
complaint she laid against a prominent but now disgraced priest.
Bonnie Quilter, a Shirley invalid beneficiary, filed documents in the High
Court yesterday, seeking exemplary damages and an inquiry into the Church's
abuse complaints procedures.
Ms Quilter is one of four women who laid complaints of sexual misconduct
against Lyttelton priest Father Jim Consedine.
She claims the Church failed in its duty of care towards her and did not keep
proper records of the complaints process.
Her civil action relies on the little-known Catholic Bishops Empowering Act
1997, which establishes bishops as single legal entities, for example in church
property transfers.
It is believed to be the first time that one of the Church's own investigative
bodies has been sued over its performance in
Professional standards committees investigate abuse complaints and make
recommendations to the Bishop.
Two members of the committee that dealt with Ms Quilter's complaint are named
as defendants. So are the Catholic Bishop John Cunneen,
the Catholic Diocese of Christchurch, and the Attorney-General.
The case has been set down for an initial telephone conference on February 16.
Ms Quilter is representing herself, with help from American priest, canon
lawyer, and victims' advocate the Rev Thomas Doyle.
"I hope these proceedings will have a positive outcome for much needed
reform of Church procedural standards relating to abuse complainants," Ms
Quilter said.
There are concerns nationally.
"We will have to wait and see what happens.
"The Catholic Church is a formidable opponent."
Catholic Communications director Lyndsay Freer said
it was inappropriate to comment with the action before the court. To her
knowledge, it was the first time a complainant had attempted to sue a
professional standards committee over its performance.
The complaints by the three other women against Father Consedine
were accepted by the Church as credible. He completed a treatment programme in
Father Consedine resigned from his Lyttelton parish at the Bishop's request in June and was
then stripped of all powers, except for ministering the last rites.
He was last heard of in
The accepted complaints date to when Father Consedine
was involved with the Young Christian Workers movement in the 1970s.
Ms Quilter met Father Consedine as a chaplain at
Christchurch Women's Prison when she was an inmate in 1987. She took up his
offer of accommodation on her release the next year.
Ms Quilter claims he started acting over- familiarly, making lewd suggestions,
and touching her bottom while hugging.
She wrote to Father Consedine admonishing his
behaviour and sent a complaint of sexual harassment to Bishop Cunneen in 1997.
Last October, during a three-hour mediation session, Father Consedine
apologised "for any hurt he may have inflicted", which Ms Quilter
accepted.
The Bishop's lawyers have said Father Consedine's
apology was not an acceptance or acknowledgement of wrongdoing.
Father Consedine's stepping down from his parish had
nothing to do with Ms Quilter, they said.
In response to a request for documents, Church lawyers told Ms Quilter that the
Lyttelton Presbytery had been burgled and all
documents relating to her case stolen.
They were the only items taken from the safe and there were no other existing
records.