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Accusations of Abuse in Institutions

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Stuff
January 22, 2004

Accused priest gravely ill, says lawyer
NZPA

Sydney: One of the Catholic clergymen facing child sex abuse charges in New Zealand was gravely ill with cancer, his lawyer told a Sydney court yesterday.

Three members of the St John of God order are opposing an extradition bid by New Zealand authorities which would have them facing 37 charges in Christchurch relating to allegations of sexual assault.

The allegations, some of which go back almost 50 years, relate to the trio's time working at Marylands, a school for boys with learning and intellectual disabilities, in Christchurch. The school closed in 1986.

One of the men is a 56-year-old priest and the other two are religious brothers, aged 82 and 68.

Lawyer Greg Walsh told the Downing Centre Local Court the priest was "gravely ill", while the other two were also ill.

The priest had throat cancer. "He has to take morphine every four hours," Mr Walsh said.

They were granted bail in Parramatta Local Court on December 29 pending a date being set for their extradition hearing.

But Mr Walsh said in court he was "taken aback" to hear yesterday the prosecution now opposed bail.

Heather Armstrong, representing the New Zealand Solicitor-General, at one stage opposed bail but later said it had to be regularised because it had been granted last month under an incorrect procedure.

She said the Extradition Act required a higher standard of bail than that which had been granted.

After arguments in three different court rooms, the matter was adjourned until January 29 when the bail application will be reheard. After that, a date will be set for the extradition hearing. It is likely to take between two and three days and a date in May was suggested at one stage yesterday.

The bail conditions set at Parramatta continue until the fresh application is heard.

Mr Walsh said the men opposed extradition. They had no criminal history, had co-operated with the authorities, complied with their bail and the complaints against them could turn out to be false.

Last month, Mr Walsh said it was possible the complainants had an ulterior motive in making their allegations after publicity about the St John of God's order's $NZ$4.5 million payout on abuse claims in Australia.

The order had published a hotline number in New Zealand and 82 former residents of Marylands came forward and said they had been abused.

Two alleged victims were later prosecuted in Christchurch after admitting they invented claims in a bid to get compensation. One was jailed for a year and the other was sentenced to 200 hours community work.