Churchman Extradited on Sex Charges

By Anne Clarkson
The Stuff
June 11, 2013

http://www.stuff.co.nz/world/australia/8782214/Churchman-extradited-on-sex-charges

A judge has granted the extradition of former Catholic brother Bernard McGrath to Australia to face hundreds of sex-abuse charges.

The Australian Government's application for extradition was granted by Judge Jane Farish in the Christchurch District Court today.

In Australia, charges have been laid against McGrath, 65, alleging that he raped, molested and abused dozens of young boys at church-run institutions over several decades.

A total of 252 charges have been laid.

The charges relate to 35 complainants between 1977 and 1986.

McGrath's lawyer, Phillip Allan, had raised the question of prosecutorial delay and submitted that there was "specific and general prejudice" arising from the delay because there may now be people and documents missing.

Crown prosecutor Mark Zarifeh, acting for the Australian authorities, submitted that given the scale and complexity of the negotiations, the delays had not been excessive.

He said that delays in complainants coming forward were common in cases where historical sexual abuse was alleged.

Judge Farish said she felt that the extradition would not be unjust or oppressive to McGrath, in a reserved decision released today, about two months after submissions on the application were heard.

She said McGrath had 15 days to lodge an appeal or could voluntarily go back to Australia, but after 15 days he would be arrested and sent there under the extradition order.

In Australia, its legal process would kick in, and McGrath would be entitled to legal aid there, she said.

She remanded him on bail on existing conditions to June 26 and said he had to surrender to Christchurch Prison on that day.

She suppressed a long list of details surrounding the case, including a ban on publication of historical or recent photographs of McGrath.