Former teacher accused of sexually assaulting boy, 11, after school in 1975

By Anna Hitchings
Daily Telegraph
May 24, 2016

http://goo.gl/zkozdQ

Peter Higgins outside court.

A RETIRED primary school teacher charged with historical sex offences is accused of forcing a male student into an empty classroom after school and sexually assaulting him.

Peter Higgins, 77, was charged in January for the assault, which is alleged to have occurred in 1975 at Patrician Brothers Catholic School, now All Saints, in Liverpool.

According to documents tendered in court last week, the Patrician brother allegedly forced the boy, then aged 11, to hide in the closet of an adjoining classroom while securing the room before assaulting him.

The alleged victim, now in his 50s, claims he was indecently assaulted on three separate occasions before he was raped by Mr Higgins against the teacher’s desk.

The documents allege that during the rape, school principal Basil Downey walked in and began yelling at Mr Higgins.

Mr Downey is then alleged to have driven the victim home and told his parents he fell over and landed on his backside.

It is alleged that nothing further was discussed and no action taken.

Mr Downey, now 89, has been charged with being an accessory after the fact to buggery (sodomy).

Buggery is no longer an offence in NSW, and it hasn’t been since 1984, but it applies in this case because the allegations date to the 1970s.

The documents also allege the victim revealed the incident to his wife, mother and other family members in 2006. His mother then contacted her local bishop and an investigation was made by the Catholic Church.

Both accused denied all allegations during the church investigation.

The men were charged in January this year after a police investigation was prompted by the Royal Commission into Institutional Responses to Child Sexual Abuse.

Mr Higgins was charged with three counts of indecent assault and one count of buggery.

They have strongly denied all allegations.

The identities of both accused were temporarily protected until News Corp and the Director of Public Prosecutions opposed the suppression order and it was overturned last week.

Both men are on conditional bail until their next appearance at Campbelltown Court on June 29.