Royal commission into child sex abuse 'a moment of truth' for Australia

By Helen Davidson
Guardian (UK)
June 11, 2014

http://www.theguardian.com/world/2014/jun/11/royal-commission-into-child-sex-abuse-a-moment-of-truth-for-this-nation

Former Marist brother John Chute, also known as brother Kostka.

The royal commission into institutional responses to child sexual abuse is “a moment of truth for this nation”, said a witness who told of years of abuse by his teacher.

The man also accused the Marist Brothers of enabling the teacher, likening it to “putting an alcoholic in charge of the alcohol cabinet”, and described the actions of the church insurers in dealing with his complaint as “outrageous”.

The commission’s 13th public hearing opened in Canberra on Tuesday morning, focusing on the cases of two former Marist brothers: Greg Sutton and John Chute.

The royal commission was told that the two men were shifted from school to school across Queensland, NSW and the ACT throughout their teaching careers, despite – and in some cases because of – multiple complaints against them alleging child sexual abuse and inappropriate behaviour.

Chute, also known as brother Kostka, eventually admitted to abusing six boys and was jailed for two years in 2009.

A man, known only as AAP, told the commission he was “a victim of numerous incidences of sexual abuse” by Chute when he was in years 7, 8 and 9 at Marist College, Canberra, from 1985 to 1987, but “didn't tell a soul” for 24 years.

He saw the royal commission as a second opportunity to voice his concerns, as he felt “this opportunity was taken from me by the same people who took parts of my innocence as a child”.

“Sitting right here, right now, acknowledging the commitment of this government and the commissioners that sit on this royal commission, I think that justice will be served,” he said.

“I shed tears for myself and my friends and the other people who sat in this chair, and I felt that this was a moment of truth for this nation to be able to hear these issues being talked about openly and in depth in front of a group of people who have the responsibility to take this forward and change how this nation deals with things and makes things right for victims in the future.”

AAP had earlier told the commission he was groomed by Chute before the abuse began, and allowed to access Chute's office before school, where “the majority” of the abuse would eventually take place.

AAP could not recall if any other adult witnessed the abuse.

“Brother Kostka was very well versed in his behaviour,” he said. “He would position himself where he would take opportunities.”

He likened Chute's position in the school to “putting an alcoholic in charge of the alcohol cabinet”.

“Brother Kostka was put in charge of the things that allowed him to bait his victims,” he said.

“It seems absolutely absurd that the school, who seemingly understood a history of this type of behaviour, this susceptibility towards this type of issue, would continue to put this person in a position that allowed him to be able to craft this sort of [modus operandi].”

The commission has been told that numerous complaints about Chute abusing students had already been made over previous decades.

In 2008 AAP launched a civil claim against Marist College through Porters Lawyers.

“My case against Marist College relied on proving that the school and the order ought to have known brother Kostka's history of sexual abuse of students was an unacceptable risk to Marist College students,” AAP said.

His lawyers later told him the church and its insurers had offered to settle the matter through the Catholic church's Towards Healing protocol.

“Although I was advised to expect [Catholic church insurers] to fight each claim and cause delays in the hope of wearing down victims, I did not foresee a defence as outrageous as the trustees of the Marist Brothers denying that they even own and operate Marist College,” he said.

“Additionally the trustees of Marist Brothers advised my lawyers that they had no records of me attending the school and requested proof of my attendance.”

AAP said that after considerable attention in the media it appeared that “CCI and Marist Brothers then realised that not only was this defence doomed to fail but that it had also been a public relations disaster”.

Through mediation, AAP was eventually offered $285,000 – of which $85,000 went on significantly reduced legal fees – an amount he claimed was higher than others because he was better at negotiating.

“When you look at the people that are affected by this particular issue or these incidences, many of them are low-functioning,” he said.

“That process for me realised another point of insincerity as to how all of the institutions dealt with this to this point.”

Earlier the commission heard from another of Chute's former students, a man referred to as AAJ, about the abuse he suffered at Marcellin College in Randwick, NSW, in the late 1950s and early 1960s, including being made to dress in women's clothing and kiss Chute. He said it was witnessed by others but he did not know who.

One year later Chute “disappeared” from the school, and AAJ was told Chute had been “moved to Adelaide” to teach at another school.

An experience with a brother of similar age on the Gold Coast after he finished university led AAJ to form the view that there was an institutional problem with the Marist Brothers.

“In my mind, there was a culture that things were acceptable that shouldn't have been. They weren't to be spoken about, but they were allowable, and I've been waiting to say that for years.”

He told the commission there was a common phrase used among the brothers: “Washing the dirty water off your chest.”

He said, “That was a reference to be able to go outside of the chastity, the celibacy vow, go to confession and get the slate wiped clean.”

The hearings continue.