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Accusations of Abuse in Institutions

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The Press
November 22, 2003

Family's lawyer bypassed
by Yvonne Martin

A Catholic Order at the centre of a sex abuse scandal sent an $80,000 cheque directly to a long-term psychiatric patient.

The 44-year-old patient hid the St John of God Order's cheque at first, then tried to cash it a few days later.

His family discovered what had happened and alerted its lawyer, who dissuaded the bank from cashing it.

The patient was among 56 men paid more than $4 million by the Order for abuse suffered as boys at its former Marylands residential school in Christchurch. Another 17 men have received offers since then, and half have accepted.

The patient was sent from Wellington to Marylands in 1966, at the recommendation of his family's church, because of a severe mental disability.

He stayed until 1974, then spent almost 20 years in Porirua Hospital. The patient then went to an IHC home in Levin and eventually a hospice.

He received an $80,000 "pastoral offer" from the Order in March.

The family lawyer instructed Christchurch law firm Grant Cameron Associates to negotiate a higher offer in April.

Lawyer Patrick McPherson informed St John of God the firm was now acting for the patient.

In May the cheque for $80,000 was sent directly to his client at the hospice, he said. A covering letter said that the Order hoped it would improve his life and help the healing process.

"The family is adamant that it never accepted the offer, the Order just sent it directly to him. They were not happy people," said Mr McPherson.

After negotiations, St John of God raised its offer to $140,000 and it was accepted by the family.

Mr McPherson said the Order should not have mailed the earlier cheque directly to his client.

"It was inappropriate because of the fact that they were aware we were acting for him. But it is even more inappropriate, given this man's circumstances," he said.

"Having met the family a number of times the Order knew what this guy's situation was."

The Order has been criticised by a Christchurch Queen's Counsel for appearing to have a "you say it and we pay it" policy.

But a St John of God spokesman defended its process.

"The brothers are very committed to their pastoral process. They are very happy with the process they are using and not about to change it," he said.

"The feedback they are getting and the initiative they took in the first place suggests that it hasn't been a problem at all."