Stuff
May 12 2004

Delay not enough to stop extradition hearing against clergy
NZPA

A Sydney judge yesterday ruled the long delay in filing sex abuse charges against three clergymen was not unjust enough to stop a hearing to extradite them to New Zealand.

The allegations against one of the three, an 82-year-old St John of God brother, date back to 1955 when he was at Marylands, a Christchurch school.

Magistrate Hugh Dillon had been asked in Sydney's Downing Centre Local Court on Monday by counsel for two of the clergymen, Paul Byrne, to rule that it was "oppressive and unjust" under the Extradition Act to charge someone so long after the alleged events.

Yesterday, Mr Dillon ruled the hearing should continue.

"I don't have any evidence of actual oppression or injustice that may arise," he told the court.

He said he took into account the serious nature of the charges of the men and the public interest in seeing the cases resolved.

All three accused are members of St John of God, a Catholic order that ran the Marylands school from 1955 until its closure in 1984. Its first students were orphans, but most of its latter pupils had learning or intellectual disabilities.

The other two accused are aged 68 and 56. They relocated to Sydney after the school's closure, but New Zealand police now want them to face 64 charges of sexual abuse.

Christchurch Detective Sergeant Earle Borrell, could be questioned by Mr Byrne, despite the Commonwealth Director of Public Prosecutions not calling him.

Mr Byrne questioned him at length on statements taken from complainants and witnesses. Mr Borrell said 39 people had made complaints about the three men and two others, who are also facing charges in Christchurch.

He was asked why the defence in Sydney had not been given access to complainants' statements and said that was done on legal advice and that there would be disclosure at their trial in Christchurch.

Mr Borrell was also questioned about a report in Christchurch's The Press newspaper last month which said there was a new twist in the sex abuse scandal – that two religious brothers had abused a boy together.

Mr Borrell said it was not a new twist. The allegation was among those originally made in 2002 and included in charges laid late last year. Those charges had been replaced early last month by a new batch of charges.

Mr Byrne asked why Mr Borrell had not contacted the newspaper to correct the story. He said the small part of the story where he had been quoted was correct and that he had not raised the matter because that might generate more publicity.

The hearing is expected to finish today.