Victims Outraged Clergy Can Give Evidence in Private.

ABC News
June 11, 2013

http://www.abc.net.au/news/2013-06-11/victims-outraged-clergy-can-give-evidence-in/4747340?section=nsw

[with audio]

Victims support groups are outraged that senior members of the Catholic Church will be able to give evidence in private to the New South Wales Special Commission of Inquiry into sexual abuse investigations in the Hunter Valley. But the Commissioner Margaret Cunneen has ruled that private hearings are appropriate, because of the potential for criminal charges to be laid in the future.

ASHLEY HALL: Victim support groups are outraged that senior members of the Catholic Church will be able to give evidence in private to the New South Wales Special Commission of Inquiry into sexual abuse investigations in the Hunter Valley.

That privilege is normally only extended to victims of abuse.

But the Commissioner, Margaret Cunneen, has ruled that private hearings are appropriate because of the potential for criminal charges to be laid in the future.

Here's Eliza Harvey.

ELIZA HARVEY: Catholic priests Denis McAlinden and James Fletcher were notorious paedophiles.

Both abused scores of children across Australia.

But now a New South Wales inquiry with the powers of a Royal Commission is investigating their crimes in the state's Hunter region.

Specifically, Margaret Cunneen QC is investigating whether the Catholic Church and the NSW Police Force hindered the investigation into their crimes.

Scores of high-ranking police gave evidence at public hearings in Newcastle last month.

And in two weeks, senior clergy are due to take the stand.

NICKY DAVIS: I'm extremely disappointed, as I'm sure many other survivors are, that this just feels like another betrayal. It feels like another behind-closed-doors, secret, sweetheart deal for the Catholic Church.

ELIZA HARVEY: Nicky Davis represents victims of sexual abuse by priests.

She's reacting to the news that the Archbishop of Adelaide, Philip Wilson - who's previously refused to talk to Police - will deliver his evidence in private.

Ms Cunneen has ruled that that's appropriate so it doesn't prejudice future criminal charges or trials.

NICKY DAVIS: Certainly we would love to see the DPP (Director of Public Prosecution) proceed on the matters presented to it by Strikeforce Lantel. That is absolutely crucial to have Church leaders actually brought before a court - not just a commission, but a court.

ELIZA HARVEY: PM spoke to many victims and families of victims who will give evidence at the inquiry.

They were very disappointed by the ruling, one mother noting that some clergy were being afforded protections not available to her son who'd been abused.

NSW Greens MP and solicitor, David Shoebridge, is shocked.

And how does this contrast to the rules that were given to police in the way that they could give evidence at the inquiry?

DAVID SHOEBRIDGE: It does seem remarkable that the police who are undertaking the inquiries are required to give all of their evidence in public, but the Church, and particularly key witnesses, are given the benefit of having their evidence in camera.

It's almost, if you like, one rule for the Church and another rule for the police.

ELIZA HARVEY: But isn't he giving it anyway, just in a different way? I mean, it will still be all on the record, won't it?

DAVID SHOEBRIDGE: Victims and survivors of abuse have been waiting for literally years to have the Church held to public account, and it's quite a different matter when that evidence is given a protective coating, if you like, by the Commission and allowed to be given in camera.

ELIZA HARVEY: Is it possible for anybody to feel completely happy with the mechanism of this inquiry?

DAVID SHOEBRIDGE: Well nobody will ever feel completely happy with how any Royal Commission or Special Commission of Inquiry undertakes its work. There's always some of these difficult judgment calls to be made.

I think the victims and survivors that I talk to are still confident that this commission of inquiry will be a step forward, that for once, the Church will be required to give at least some form of public statement and hopefully get some hard questions asked them about their failures in the past.

ELIZA HARVEY: It's likely that many of the witnesses will also be called to the Royal Commission.

ASHLEY HALL: Eliza Harvey.