Former Catholic Priest Robert Flaherty Granted Bail While He Appeals 1970s and 1980s Child Sex Convictions
By Stephanie Dalzell
A former New South Wales Catholic priest has been granted bail while he appeals against his convictions for child sex offences. Robert Flaherty, 72, assaulted three boys aged between 11 and 15, in Sydney, and on the New South Wales south coast during the 1970s and 1980s. However, he was only arrested in 2013 after the third victim complained to police. Flaherty pleaded guilty to three counts of indecent assault but was also found guilty by a jury of two similar offences last September. Flaherty was yesterday sentenced to two years and three weeks in prison, with a six-month non-parole period. However, he appeared at Sydney's Downing Centre today and was granted bail pending an appeal against the convictions. Defence counsel Leah Rowan argued Flaherty's health would deteriorate if he was placed in jail during the appeal process. She referenced a pre-sentencing report by Flaherty's doctor who said the former priest was suffering from dementia, diabetes, depression and chronic renal failure. "The treating doctor gave a prognosis of six to 12 months," Ms Rowan said. "He doesn't have a crystal ball, but it's not a psychic prediction ... he is the best person to know. "Any prospects of appeal are a moot point if he's dead." Crown argues Flaherty should be sent to jail But crown prosecutor Donna Daleo argued against granting Flaherty bail, saying he should be sent straight to jail. "My understanding was your honour was sentencing a person who committed a series of sexual offences against vulnerable people, children which constituted a gross breach of trust," she told the court. "If anything could be said about your honour's sentence, with the greatest respect, it erred on the side of leniency." However, Judge Richard Cogswell said there was a "very real prospect Mr Flaherty may not survive the parole period". "On the one hand I could refuse the release application ... on the other hand I'm obliged to give this application serious consideration," he said. Judge Cogswell granted bail and referred the matter to the NSW Court of Criminal Appeal. Outside court one of the victims, who did not want to be identified, told the ABC he could not believe Flaherty had walked free. "I was anticipating to put a tick in the box, to say the criminal side of things had finished," he said. "The law seems to favour the perpetrator, not the victim. "It's unjust." The victim said he felt too much emphasis had been placed on Flaherty's health and not enough on the fact he had shown little empathy towards those he offended. "To see him go to jail would have given me closure," he said.
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