Extradited clergymen could arrive in Christchurch today

Two Catholic clergymen could be be back in New Zealand from Sydney as early as today to face historic sex abuse charges after nearly three years fighting extradition.

A group against sexual abuse today trumpeted the return of Brother Rodger Maloney and Father Raymond Garchow as a victory for the alleged victims.

Male Survivors of Sexual Abuse Trust chairman Ken Clearwater: "It is great common sense has prevailed."

He said the alleged offences were committed in New Zealand "so they have to face the New Zealand courts for those allegations".

Moloney, 71, and Garchow, 59, were not in the High Court at Sydney yesterday when the three-justice bench dismissed their application for special leave to appeal their extradition.

The pair have been in custody since October 5 when the Federal Court ordered their return to Christchurch where police want them to stand trial on charges relating to their tenure at the former Marylands school which catered mainly for boys with intellectual disabilities.

Moloney faces 28 charges of abusing boys at Marylands, a school run by the St John of God order. Garchow faces four charges. Police allege the offences were committed between 1971 and 1980.

The school closed in 1985.

Australian police will likely escort the men on their flight, and arrangements were being made late yesterday afternoon. A member of the men's legal team said they would be flown to Christchurch today.

The men were arrested in Sydney just after Christmas 2003.

A local court magistrate ruled early last year that they should be extradited, but this was overturned in the Federal Court by Justice Rodney Madgwick, who said it would be "unjust and oppressive" to extradite them for charges which date as far back as 1971. He said they might not receive a fair trial in New Zealand.

The Australian Commonwealth, on behalf of New Zealand authorities, appealed to a full bench of the Federal Court, which reinstated the local court decision.

Moloney and Garchow then applied for special leave to appeal the full bench's decision and were granted an expedited hearing yesterday.

After all the delays -- Justice Madgwick's decision was released a year after he heard submissions -- and complex legal argument, yesterday's hearing was swift.

After the men's counsel Tim Gain took 20 minutes to put his case, and the Commonwealth the same time in reply, Chief Justice Murray Gleeson and Justices William Gummow and Dyson Heydon adjourned for five minutes before dismissing the application.

"We are not persuaded that the interests of justice require the granting of special leave to appeal to this court," Chief Justice Gleeson said.

- NZPA