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  Towards Healing Statement

The Age
June 4, 2011

http://www.theage.com.au/victoria/towards-healing-statement-20110603-1fkdq.html

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Towards Healing sets out a procedure to be followed when allegations of clergy abuse are made.

At the outset, each complainant is informed of their right to go to the police and encouraged to exercise that right. Before proceeding with a complaint to Towards Healing, each complainant is required to sign a written acknowledgment in the following terms:

“The Catholic Church has strongly urged me to take my complaint to the police or other civil authority. It has been carefully explained to me that any process the Church establishes cannot compel witnesses, subpoena documents or insist on a cross-examination of witnesses. It cannot impose the same penalties as a criminal court. Aware of these limitations, I still state that I do not wish to take my complaint to the police or other civil authority at this time and I ask that a Church process be established.”

The person you refer to as David signed an acknowledgement in this form.

In accordance with Towards Healing’s procedures, David’s allegations were recorded in a Contact Report which was prepared by a Contact Person who is appointed by Towards Healing, and was signed by David.

Where an investigation is warranted, as it was in David’s case, Towards Healing appoints two Assessors. They conduct an investigation, within the limits of the powers they have as citizens, and as reflected in the above disclosure, and then prepare an Assessment Report. A summary of their findings was provided to David and a copy was retained by Towards Healing.

In July 2010, Towards Healing was served with a subpoena by the police and pursuant to that subpoena, we produced documents including the Assessment Report to the police.

In response to your specific questions:

I am assured by the Christian Brothers that the invitation to David in June 2005 was to attend a pastoral meeting with senior Christian Brothers. It was not an invitation to meet with Br Best of any other accused person.

The Christian Brothers did not appoint anyone to interview David. He was interviewed by Assessors who were appointed by Towards Healing.

The Assessors did tape record their interview with David. It was not transcribed but it was summarised in the Assessment Report.

The Assessment Report was subsequently subpoenaed by the police from Towards Healing and it would be consistent with ordinary court procedure for the police or the prosecution to have provided that document to defence counsel. The Assessment Report was not provided to the defence by Towards Healing.

It is not correct that Towards Healing uses information from victims “as damage control before police become involved”. Towards Healing provides a mechanism for complainants to have complaints investigated and their needs met, outside of the formal criminal process.

Kerry Buchecker

Director

Office of Professional Standards Victoria

 
 

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