Child sex abuse royal commission: Catholic Church's Melbourne Response discouraged some victims from going to police, inquiry finds

ABC News
September 14, 2015

http://www.abc.net.au/news/2015-09-14/royal-commission-findings-on-melbourne-response-catholic-church/6773584

The royal commission found Peter O'Callaghan, QC. discouraged two child abuse victims from going to the police.

The process used by the Catholic Church in Melbourne to handle abuse claims discouraged victims from going to the police in some instances, the royal commission into child abuse has found.

In 1996 then archbishop George Pell introduced the Melbourne Response, as the church's process to deal with people sexually abused by priests and others within the Archdiocese.

It allowed anyone making allegations of abuse to have what the church called an "independent commissioner" to investigate their claims and make findings.

Compensation from the scheme was originally capped at $50,000 before being lifted to $75,000, with the cap a subject of contention among victims and their advocates.

The Royal Commission into Institutional Responses to Child Sexual Abuse found independent commissioner Peter O'Callaghan QC provided advice to two victims, Paul Hersbach and Mr AFA, that discouraged them from going to police.

Mr Hersbach was groomed and abused by Father Victor Gabriel Rubeo — who also abused Mr Hersbach's father and brother — the royal commission heard.

Mr AFA gave evidence he was sexually abused by Father Michael Glennon three times when he was about 15.

Mr Hersbach and Mr AFA went through the Melbourne Response, and were advised by Mr O'Callaghan in 2006 and 2011 respectively.

"We are satisfied that Mr O'Callaghan QC provided advice about the police process to Mr [Paul] Hersbach and Mr AFA that discouraged them from going to the police," the royal commission report noted.

"Having regard to Mr O'Callaghan's defined role, this advice was not appropriate.

"Advice on the approach that the police might take to any prosecution, and the likely outcome, should have been left to the police.

"They were the body with all of the relevant information."

The royal commission also found the Melbourne Response was not, as it was claimed by Cardinal Pell and Archbishop Denis Hart, independent of the church.

It showed the legal advisers to the three components of the Melbourne Response also provided services to the Archdiocese, thus raising a clear conflict of interest.

The church is yet to respond to the findings.