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  Sex Case 'Witch-Hunt'

By Harriet Alexander
Sydney Morning Herald
September 15, 2008

http://www.smh.com.au/news/national/st-stanislaus-sex-case-witchhunt/2008/09/15/1221330704805.html

Three men accused of sexually assaulting schoolboys at St Stanislaus' College claim the allegations have been fanned by "moral panic" and question the veracity of witnesses' accounts.

Brian Spillane, Peter Dwyer and John Gaven pleaded not guilty to sexual assault in Bathurst Local Court today.

The Director of Public Prosecutions said police expected at least 40 complainants to provide statements and the case has been adjourned to November.

Accused ... Brian Spillane outside court this morning
Photo by Dean Sewell

But outside the court, Greg Walsh, the lawyer representing the defendants, said the media and police treatment of the allegations had been "an absolute disgrace".

Mr Walsh said the men were entitled to the presumption of innocence and compared their treatment to the Salem witch-hunt.

"What I'm concerned is that we're seeing here examples of mass hysteria, moral panic and you and the media should be concerned about that," he said.

"Repressed memories are alive and well.

"These men are innocent. The allegations are bizarre and they have arisen in suspicious circumstances.

"I'm not prepared to make any comments about the evidence," Mr Walsh said.

Only one of the accused men, Spillane, 65, from Narwee in Sydney's south-west, attended court today. He wore a panama hat shoved low on his head, but he made no comment.

The court gave the Director of Public Prosecutions until October 27 to compile a brief of evidence of up to 100 submissions.

Mr Walsh said the defence had been hampered because the police had not provided them with their evidence and they were not allowed to approach witnesses.

Magistrate Tom Hodges ordered that the defence lawyers must be able to interview witnesses. He also varied the bail conditions of each of the accused, allowing them to report to police just once a week.

The courtroom was packed with several former students of the school, including at least one alleged victim, but others appeared to be there in support of the college and the accused men.

The alleged victim, who claims to have been abused by all three of the defendants in 1987, said outside the court that he was pleased people were finally listening to the allegations he first raised in 1996.

"This sort of thing could happen in any organisation, but the Catholic Church in particular just don't believe it," he said.

"They won't address it, and it's going to continue."

Mark Ireland, a committee member of the Old Boys' Association, said outside the court that he had been taught by Spillane and neither he nor anybody he knew had suffered abuse at the hands of the priest.

The Old Boys Association was distancing itself from the claims, he said.

"Not one person I've spoken to believes this has happened," he said.

"Clearly we can't take a view ... about the evidence because we haven't seen the evidence. The lawyers [for the accused] haven't seen the evidence. It would appear that the DPP hasn't seen the evidence."

 
 

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