Path cleared for clergy to face abuse charges

Advocates for victims of sexual abuse at a notorious Christchurch boarding school are thrilled at a court decision allowing two Catholic clergymen to be extradited from Australia to face charges.

However, they are also wary of the prospect of further legal battles which could yet prevent Brother Rodger Moloney and Father Raymond Garchow, from the St John of God Order, being brought before a New Zealand court.

The pair face a total of 32 charges of abusing boys in their care at Marylands School in the 1970s. The school's pupils were disadvantaged and had learning difficulties.

Five judges from the Australian Federal Court unanimously decided yesterday to allow the extradition, which the Herald understands can be appealed to the High Court in Australia. In an earlier federal court hearing, Justice Rodney Madgwick found the length of time since the alleged crimes and differences between the legal systems in New Zealand and Australia would make it difficult for the two men, aged 71 and 59, to get a fair trial in New Zealand.

New Zealand appealed and the court yesterday found that Justice Madgwick's judgment should be set aside and the two brothers surrendered to New Zealand authorities.

Moloney and Garchow, suffering prostate and throat cancer respectively, have been fighting extradition since their arrests in 2003.

In March, Bernard Kevin McGrath, 58, was convicted of 21 charges of sexually abusing eight boys at the school. The Order of St John of God has paid about $5.1 million to former pupils who complained of abuse.

The Male Survivors of Sexual Abuse Trust, which has worked with many of the men claiming abuse at the school, yesterday said it was extremely pleased that "common sense has prevailed".

"Our clients, many of whom tried to disclose the abuse as children and even later as adults, will be relieved that finally these men will be made to answer their accusers," said spokesman John Prince.

"The passage of time does not diminish the traumatic memory for a victim, nor does it absolve the perpetrator of full responsibility.

"It will be a further step towards closure for the parents of our clients. Many feel a sense of guilt having sent their sons to the school, for some it is not 'historical' in the full sense of the word, as they knew nothing about it until four to five years ago when the first public disclosures were made."

Ken Clearwater, also from the trust, said it had been a long wait and everyone involved would now be crossing their fingers that there were no further court appeals.

Crown Law Office spokeswoman Jan Fulstow said New Zealand authorities simply had to wait and see if the federal court's ruling was appealed.