Father John Fleming Suspended after Supreme Court Judge Finds He Engaged in Sexual Behaviour with a Minor
By Nigel Hunt
FATHER John Fleming has been ordered to pay the Sunday Mail’s court costs after he “rolled the dice” and lost a defamation lawsuit against a South Australian newspaper. On Friday, Fr Fleming offered to pay a percentage of the costs associated with the Sunday Mail’s successful defence against the priest’s defamation suit. But the newspaper’s lawyer, Andrew Harris, QC, said: “(Fr Fleming) came to the case, he rolled the dice and he lost”. Supreme Court Auxiliary Justice Malcolm Gray later ruled Fr Fleming pay all court costs. It comes after Justice Gray on Wednesday found Fr Fleming had engaged in criminal, predatory, deceitful and morally reprehensible sexual behaviour with Jane, who was aged 13, while working as an Anglican priest. Sources have revealed an extraordinary meeting of the Anglican Professional Standards Committee has been called for next Tuesday night to consider the judgment. The Anglican Church’s Professional Standards Committee had been examining the same allegations against Fr Fleming, but its inquiry was put on hold while the lengthy Supreme Court case was under way. The move came on Thursday as the Catholic Church moved swiftly to suspend Fr Fleming from ministry as it launched its own investigation. The Vicar General of the Catholic Archdiocese of Adelaide, Fr Phillip Marshall, advised Fr Fleming of the move. “Given the findings made by the Court, Fr Fleming will now be required to cease all ministry in any form while Church processes take place,’’ he said.
Following the Supreme Court ruling, Fr Fleming’s victims called on the Catholic Church to immediately suspend him from church duties. They last night welcomed the church action. “The moral obligation I felt to speak out and prevent others being hurt by this man has now been fulfilled,’’ Jane said. “I remain hurt and confused that he wasn’t suspended when allegations were raised so many years ago.” Under canon law, Justice Gray’s 158-page judgment will be sent to the Vatican for assessment and Fr Fleming will be given an opportunity to respond as part of any disciplinary process. In dismissing Fr Fleming’s defamation lawsuit, Justice Gray ruled in favour of The Advertiser and Sunday Mail for reports in 2008 and 2009 about his illegal sexual misconduct. He found the newspapers had made out their defence to Fr Fleming’s claims they had defamed him and caused him to lose a lucrative job with a Catholic college in Sydney. He said the newspapers’ imputations that Fr Fleming — one of Australia’s most prominent priests — “engaged in criminal sexual behaviour” during his time with the Anglican Church were substantially true. He also said the articles truthfully conveyed imputations that Fr Fleming was engaged in “sexual misconduct, predatory sexual behaviour, morally reprehensible and deceitful conduct, an immoral, adulterous, homosexual affair, hypocrisy, abuse of trust, moral cowardice and false denial of sexual involvement”. Sources yesterday said the PSC would now recommence its inquiry following the adverse findings against Fr Fleming. At the conclusion of its investigation to PSC is likely to recommend to Anglican Archbishop Jeffrey Driver that he convene a Professional Standards Board to consider the case. The Board would then consider all available evidence — which is now contained in the Supreme Court judgment — and can recommend a range of sanctions against Fr Fleming. While the Anglican Church has no jurisdiction over Fr Fleming following his ordination as a Catholic priest in 1995, it can strip him of his Anglican orders which would prevent him from ever returning as an Anglican priest.
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