Royal Commission into Child Sexual Abuse: Christian Brothers Lawyer Says He Would Have Taken Different Position

By Jade Macmillan
ABC News
May 2, 2014

http://www.abc.net.au/news/2014-05-02/royal-commission-lawyer-would-27do-it-differently27/5426116

A lawyer who previously defended the Christian Brothers in a class action brought on by victims of sexual abuse says the case would be handled differently today.

Howard Harrison, from law firm Carroll O'Dea, appeared before the Royal Commission into child sexual abuse on Friday, which was examining four homes run by the Brothers in WA.

The class action, launched in the 1990s, resulted in an out-of-court settlement of $3.5 million from which some victims only received $2,000 each.

The firm which represented more than 200 victims described the legal battle as a tug of war, saying the Brothers fought it at every turn.

Mr Harrison told the commission that in hindsight, a different legal position would have been taken.

"I think I could try and defend the decision and the legitimacy of the decision at the time at that era in this legalistic battleground which had been selected by the victims," he said.

"But with the benefit of hindsight, I would say that knowing what we now know, this is certainly not the position which would now be taken.

"Rightly or wrongly, I felt at that stage that we had to continue to tough it out as a part of trying to manage these matters to some kind of reasonable end point."

The royal commission, which was slated to run over two weeks in Perth, entered its fifth day on Friday.

The commission heard graphic evidence from 11 victims of extreme sexual and physical abuse at the Christian Brothers' Castledare, Clontarf, Tardun and Bindoon homes.

It was also scheduled to hear from government departments and representatives of the Christian Brothers order.