Blenheim Priest Discharged without Conviction
Stuff
A former Blenheim priest has been discharged without conviction on a charge of indecent assault. Former St Mary's parish priest father Alastair Aidan Kay, 71, appeared in the Blenheim District Court this morning for sentencing on the charge against a male over 16, which he admitted in September. His lawyer, Rob Harrison, argued the offending had been at the lower end of the scale, despite being a "gross breach of trust". Judge Bruce Davidson said by the narrowist of margins he was satisfied the consequences of a conviction would outweigh the gravity of the offending. "This is a fairly low level indecent assault in itself, but of course is made worse by the substantial breach of trust not only to the complainant himself, but also his family and the wider church community," he said. The discharge was on the basis that Kay was to pay $1500 in emotional harm reparations to the victim, with an immediate payment of $1000 to be made, and the balance to be paid by December 12. Earlier today, Harrison had argued that a conviction would prevent the former St Mary's parish priest from entering Australia. Formerly from Australia, Kay had already been banned from working in the Marlborough district, and a conviction could prevent him from travelling back into Australia to his former order, Harrison said. Harrison said Kay's employer had published his name prior to his first appearance in court, which had generated wide media coverage. "[A] discharge without conviction would not hide the nature of the offending from the public, nor does it hide it from his employers. "Whatever happens in this court today is not the end of the matter [for Kay]." He would not be placed back in a position inside the church community where he was dealing with the public, Harrison said. Davidson was presented with a letter written ?by ?a representative of ?the Passionist order of priests in Australia, of which Kay ha?s been a member for some 50 years. The letter said the order would provide Kay with financial assistance, but he would no longer be able to reside with the other brothers. A conviction could make it harder, but would not necessarily prevent Kay from traveling back to Australia, Davidson said. Kay had pleaded guilty at the first opportunity, was remorseful, and willing to participate in a restorative justice programme, he said. The police did not oppose a discharge without conviction, which needed to be taken into account, Davidson said. The potential consequences for Kay, particularly the threat of isolation from his order of priests, narrowly satisfied Davidson that a conviction would outweigh the "lowish level of offending". STOOD DOWN Kay was stood down from St Mary's parish in Blenheim after a complaint was made to police about an incident on July 15. On his first appearance in court, Kay admitted the charge of indecent assault on a male over aged 16. The summary of facts, released by Judge Peter Hobbs, shows the assault happened at the parish presbytery and that Kay slid his hands down the man's back, into his trousers and groped his buttocks. He also attempted to kiss him. The summary shows the victim was not a member of the clergy and was a guest at the presbytery when the victim and Kay had a meal together and drank some wine. Kay had later poured them some liqueur, but the complainant had preferred to drink lemonade. Kay had topped up the glass of liqueur when the victim was out of the room, the summary said. Kay told the victim he was "a lovely guy" and "it was great they had this connection", before he slid his hands down the victim's back and inside his trousers, the summary said. The victim moved backwards, Kay apologised and said he (Kay) should go to bed. He then kissed the victim on the lips and was pushed back by the victim. Kay apologised again, left the room and went to bed, the summary said. Kay joined St Mary's parish in January last year.
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