Church commissioner admits giving archdiocese suggestions for abuse response

By Pia Akerman
Australian
August 20, 2014

http://www.theaustralian.com.au/national-affairs/church-commissioner-admits-giving-archdiocese-suggestions-for-abuse-response/story-fn59niix-1227030633113

Peter O'Callaghan, QC speaks during the Victorian Child Abuse Inquiry at Parliament House, Melbourne.

THE ‘‘independent commissioner’’ heading the Melbourne archdiocese’s

response to clergy sex abuse has admitted providing the church’s media

adviser with suggested answers about a notorious abuse case.

Peter O’Callaghan QC, who has spearheaded the Melbourne Response since

it began in 1996, has been repeatedly challenged on his independent

status from the archdiocese while giving evidence at the royal

commission investigating institutional responses to child sexual

abuse.

Today it was revealed that he had given the archdiocese’s

communications director extensive answers in response to questions

from a journalist about the church’s handling of the Foster family

after two of their daughters were abused by a priest.

Mr O’Callaghan accepted his action had not been “strictly speaking”

any of his business, but said he still believed it was reasonable.

The commission has heard Mr O’Callaghan refused to provide one of the

daughters, Katie Foster, with his report on the abuse because her

family was considering suing the church.

Mr O’Callaghan has said he believed he had acted appropriately by

denying the Foster family his written findings, even though he had

verbally confirmed to them that their daughter Katie was abused by one

of Victoria’s most notorious priests, Kevin O’Donnell.

Mr O’Callaghan yesterday said he had based his 2000 decision on a 1976

judicial ruling, prompting criticism from NSW appellate judge Peter

McClellan as chair of the royal commission investigating institutional

responses to child sexual abuse.

“The law has moved quite a bit,” Justice McClellan told Mr

O’Callaghan, who was called to the Bar in 1961 and took silk in 1974.

The commission saw a letter Mr O’Callaghan wrote to the Fosters’

lawyers in 2000, expressing his reservations about making a formal

finding of abuse because the family was considering legal action

against the archdiocese for Katie and her sister Emma, who had also

been abused by O’Donnell.

The same day Mr O’Callaghan wrote to his instructing solicitor, who

also represented the archdiocese, asking for an opinion on whether it

was appropriate to ‘flush out’ the real intentions of the Fosters.

“A reading of the correspondence only reinforces the possibility that

they may have another agenda,” he wrote.

Mr O’Callaghan told the commission he believed his findings, which

could be used to garner up to $50,000 in compensation from the

archdiocese, should only be used for that purpose and not for civil

litigation.

Mr O’Callaghan has repeatedly defended his independence from the

archdiocese, although he is funded by it and in regular communication

with it and its lawyers.

“I believe I have been independent in all respects,” he said. “So far

as I’m concerned, I make the decisions without fear or favour and

without any influence from other persons.”

Victims who wish to seek compensation from the archdiocese under the

Melbourne Response, established by then Archbishop George Pell, are

required to meet with Mr O’Callaghan so he can investigate whether

their claims meet the balance of probabilities.

Mr O’Callaghan has disputed accusations he has discouraged victims

from taking their complaints to police, but said it would be

“inappropriate” for him to continue an investigation if there was a

possibility of criminal prosecution.

“I would reject any perception that I have at any stage sought to

discourage people from going to the police,” he said today.

“I certainly have a desire that child abusers are brought to justice.”

The hearing continues.