Read The Times Australia

Daily Bulletin

Priest convicted of sexually abusing children, now for the questions about a cover-up

  • Written by: The Conversation Contributor

Former priest John Farrell was sentenced on Monday to a minimum of 18 years’ jail for dozens of sexual offences committed against 12 children, many of them altar boys, in the 1970s and 1980s.

Police may now shift their focus to whether senior clergymen can be prosecuted for an alleged cover-up that may have delayed the investigation and prosecution of Farrell by 20 years or more.

It is difficult to predict what evidence such an investigation will uncover. But some key pieces of evidence are already on the public record.

This includes a letter, dated September 11, 1992, from Father Wayne Peters (who was, until his death last year, vicar-general of Armidale) to Bishop Kevin Manning – now bishop emeritus of Parramatta. The letter outlines Farrell’s detailed confessions of child sexual abuse at a meeting eight days earlier with Peters, Father Brian Lucas (now director of Catholic Mission) and Father John Usher (until last year, Chancellor of Sydney).

Also on the public record are more recent statements made by the four clergymen when the letter came to light and was the subject of a Four Corners report in 2012. It prompted the Catholic Church to respond in the form of a commissioned report.

Concealing a serious offence

It is not possible for any charges to be laid against the clergymen under mandatory reporting laws.

This is because, in New South Wales, these laws have operated fairly narrowly and weakly. They have created, at most, summary offences subject to a six-month limitation period. The NSW provisions do not even impose a penalty if they are breached.

However, NSW has a more serious offence of non-disclosure of a serious offence, punishable by two years’ imprisonment. The letter is clearly capable of supporting the inference that the letter’s author, Peters, the two other clergymen present at the meeting, Lucas and Usher, and the addressee of the letter, Manning, were all aware of Farrell’s child sexual abuse and concealed this from police.

The letter would provide the strongest evidence against its author, Peters – but he died last year.

Lucas and Usher could claim they had not seen the letter and it was not an accurate record of what occurred at the meeting. Manning could claim he never received the letter. In the church’s report and the Four Corners report, the clergymen adopt this position.

However, unless corroborated by independent objective evidence, these denials should not prevent a prosecution. The letter, on its face, appears to be a careful record of what transpired. Given its contents, one might expect that its author would seek to ensure Manning did receive it.

Further, according to the church’s report, Lucas and Usher admitted they knew of allegations against Farrell and “suspected there was probably some substance” to them.

Hearsay objections

Lucas and Usher could present a more subtle objection to a prosecution: the letter is hearsay.

The hearsay rule prevents an out-of-court statement from being relied upon to prove the facts it asserts. Lucas and Usher could argue that it would be wrong for a court to rely upon Peters’ claim in the letter that Farrell made admissions to them because this claim was not made under oath in court and cannot be tested by cross-examination.

However, their objections would be likely to be overruled. The Peters letter appears to fall within an established exception to the hearsay rule: Peters, deceased, is unavailable to testify, and the circumstances in which the letter was written tend to support its reliability.

Manning would struggle to raise a hearsay objection to the use of the letter in his prosecution because there would be no reliance on its accuracy. Manning’s receipt of the letter would support an inference that he believed Farrell had confessed to serious offences.

Given Farrell’s actual commission of these offences, such a belief and the unreasonable failure to alert the police would constitute the offence.

The decision to prosecute

Finally, the clergymen could argue that, despite the evidence against them, the prosecution should exercise its discretion not to prosecute because it would be against the public interest.

The clergymen may point to the staleness of the offence and claim the prosecution would be unduly harsh and oppressive in view of their advanced age and, perhaps, their poor health. But, again, the contrary considerations appear stronger: the church covering up child sexual abuse is of general public concern, prevalent, and calls for deterrence.

Above all, church cover-ups are extremely serious. Child victims are especially vulnerable and often suffer long-term psychological harm.

These abusers are guilty of an abuse of power and a betrayal of the trust vested in them. So too are the senior clergymen who conceal these offences.

Authors: The Conversation Contributor

Read more http://theconversation.com/priest-convicted-of-sexually-abusing-children-now-for-the-questions-about-a-cover-up-58591

Business News

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...