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Priest accused of sexual assault ...

By Adam Cooper
Age
June 25, 2014

http://www.theage.com.au/victoria/priest-accused-of-sexual-assault-asked-to-preside-at-funeral-of-alleged-victims-aunt-court-told-20140625-zslk7.html

Priest accused of sexual assault asked to preside at funeral of alleged victim's aunt, court told

A man who claims he was sexually assaulted by a priest as a boy reacted with disbelief when told about 40 years later that the same man would conduct his aunt's funeral, a jury has been told. 

Former priest James Henry Scannell is accused of sexually assaulting a boy at the priest's then home in Kew between August 1970 and July 1972 when the boy was aged between 11 and 13. Mr Scannell, now 88, has pleaded not guilty to one charge of buggery.

Mr Scannell is alleged to have led the youngster into his bedroom and then sexually assaulted him one day when the boy was at the priest's house working for pocket money. 

Prosecutor Kristie Churchill, in her closing submission in the County Court on Wednesday, told the jury the boy was "frozen in fear" and experienced pain and discomfort while being assaulted. 


Afterwards, the boy was told to have a shower and give confession before he walked home crying, the jury heard. He never returned to the priest's home.

But defence counsel Max Perry told the jury it was difficult to prove one person's allegation against another when so much time had elapsed. 

"The easiest thing in the world to make is an allegation, but the hardest thing to disprove is an allegation," he said. 

Ms Churchill said the complainant kept the allegation to himself for years, but in 2010 reacted with shock when told by his sister that Mr Scannell would conduct the funeral for their aunt.

The complainant said then "‘enough was enough and that he had felt ashamed for long enough", Ms Churchill told the jury, and reported the alleged sexual assault to police within months.

The prosecutor said Mr Scannell's reaction at being told he was not welcome to perform the funeral was also notable. "He simply says OK, doesn't ask why, just says OK," she said. 

Ms Churchill said the complainant, now aged 55, was a reliable and believable witness who had given his evidence in graphic detail and "like it was".

But Mr Perry said the man's evidence was not credible, as he had been unable to say for sure whether sexual penetration had occurred, and therefore whether the offence took place.

Mr Perry said the man could also not recall details about the bedroom where the assault allegedly occurred, and had also claimed it was a "Father Scanlon" who had assaulted him.

He told jurors Mr Scannell was entitled to doubt and that they had to be absolutely certain if they were to find the accused man guilty.

"'It could have happened' - not good enough. 'It might have happened' - nowhere near good enough. 'It probably happened' - doesn’t even put you in the right ball park," he said.

Judge David Parsons will instruct the jurors on Thursday before they begin deliberations.

 

 

Contact: adam.cooper@theage.com.au




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