Newcastle lawyer did not tell police about abuse allegations against priests, royal commission hears

By Dan Cox
ABC News
August 8, 2016

http://www.abc.net.au/news/2016-08-08/royal-commission-newcastle-anglican-diocese-keith-allen/7699668

The commission is examining abuse within the Anglican Diocese of Newcastle.

A Newcastle lawyer and Anglican Church official has said he did not go to police with allegations of abuse against priests because he was trying to protect the church.Former trustee and Newcastle Diocesan Council member Keith Allen has spent the entire day giving evidence at the Royal Commission into Institutional Responses to Child Sexual Abuse.

The case study in Newcastle is looking at the past and present systems, policies and practices within the Anglican Diocese of Newcastle for responding to allegations of child sexual abuse.

Mr Allen discussed the church's handling of sealed "brown envelopes", which contained matters of concern to the diocese including criminal allegations against priests.

He said the envelopes would come before the committee of church officials on an ad hoc basis, and he conceded they contained multiple allegations of sexual abuse.

He told the commission the church took a passive approach to some allegations of abuse, and agreed there was a culture of not reporting.

Royal commission chair Justice Peter McClellan asked Mr Allen: "I assume that you became aware of these matters through your work on the advisory committee to the Bishop, and you didn't report them to the police either did you?"

"I didn't have the envelopes, or access to the envelopes. I didn't know a name, I'm sorry," Mr Allen replied.

Mr Allen added "with hindsight, one took a passive approach" to the allegations of child sexual abuse.

"With a consequence that abusers were able to continue carrying out duties with in the diocese," Justice McLellan said.

Mr Allen accepted the diocese abandoned its responsibility regarding some priests.

"Yes, there was probably no action taken on some matters, but I can't give details."

The commission heard Mr Allen thought the then Bishop Alfred Holland had a "do-nothing approach" to matters of sexual impropriety.

When asked whether he understood it was a criminal offence to not report suspected child abuse, Mr Allen replied: "We were all aware."

The commission heard Mr Allen was stood down by the current Bishop Greg Thompson because he was in a group that sought to defend the accused priests.

"And what you sought to defend was, do you accept now, indefensible?" Justice McLellan asked.

Mr Allen replied: "Probably indefensible."

Justice McLellan put to him: "That's because it was a 'do nothing and a cover up and protect the church' approach, wasn't it? And you were part of that practice, weren't you?"

Mr Allen responded: "Yes."

Mr Allen conceded some matters he sought to defend were indefensible "in hindsight".

He also said, in hindsight, he should have at least told the Bishop the only option was to take the abuse allegations to police.

Earlier, the commission heard Mr Allen acted as the lawyer for the now dead paedophile priest Stephen Hatley Gray.

He said he destroyed Gray's original resignation letter, despite considering him a "dangerous sexual predator".

Gray was convicted in 1990 of abusing a boy at Wyong on the Central Coast, and Mr Allen acknowledged the priest being sentenced to a three-year good behaviour bond was "probably generous".

Gray's official resignation letter from the Wyong parish is dated February 11, 1990, one day before the 14-year-old was abused.

The commission heard Mr Allen admitted to ripping up Gray's original resignation, to be replaced with one with an altered date.

Justice McClellan said: "By changing the date, Mr Gray would be provided with an opportunity to go somewhere else.

"At the time of his resignation he was in good standing with his bishop, which would be an advantage to Mr Gray, wouldn't it?"

Mr Allen replied: "Well, I presume so. You can't move from diocese A to diocese B unless you're in good standing with your bishop."

Justice McLellan asked: "So, by changing the date, what's happened is that a document has been made available which allows a false representation to be made to another diocese, doesn't it?

"You were party to the circumstances in which the false document was created, weren't you?"

Mr Allen replied: "Yes, I certainly destroyed the first resignation."

Justice McLellan put it to Mr Allen that the changes "in ordinary language ... looks like fraud".

The commission also heard about a meeting Mr Allen had three years ago with the current diocesan business manager about Professional Standards.

Minutes from the meeting show they discussed Gray's offending, and that Mr Allen took a tray of lamingtons to the meeting as a joke.

The commission heard it was in reference to Gray abusing the boy on a table full of lamingtons.

Mr Allen denied that is what he was referring to, but did say the joke was inappropriate and should not have been made.