Lawyer said evidence exists to press charges over John Mountford St Peter’s College abuse case, by Nigel Hunt, Advertiser (August 1, 2017)

Lawyer said evidence exists to press charges over John Mountford St Peter’s College abuse case

A SENIOR Adelaide criminal barrister believes there is enough evidence to press charges over the John Mountford St Peter’s College abuse controversy.

In a lengthy legal opinion, barrister Michael Woods’ view is that it was “abundantly clear’’ the three individuals who dealt with Mountford the day he admitted to abusing a Year 10 St Peter’s College student should have immediately reported it to police.

The trio were former archbishop Dr Ian George, former St Peter’s College headmaster Richard Burchnall and his deputy Ray Stanley.

“They were obliged to report it to Family and Community Services and to the police,’’ Mr Woods states in his legal opinion, obtained by The Advertiser.

“In our view, the headmaster and deputy headmaster had a clear duty of care to other students at the school to launch a proper investigation in order to establish whether this was an isolated incident or a wider course of conduct.’’

The legal opinion was commissioned by the mother of one of Mountford’s abuse victims, David, who has fought for justice for her son since learning of his abuse in 1992.

The case was referred to SAPOL by the national Royal Commission into Institutional Responses to Child Sexual Abuse after it examined it in camera.

Police Commissioner Grant Stevens on Tuesday said the examination of the case by the national royal commission “gives a new lens on the information that is available”.

“A royal commission is able to probe in a different way than a police investigation,’’ he told ABC radio.

“The obligation of SA Police is to look at the referral from the royal commission as to whether anybody has perverted the course of justice or aided a person who has committed a serious crime to flee justice.

“We will look at that and we will examine the parts of anybody who was involved.’’

Mr Woods’ conclusions about possible criminal charges cannot be revealed for legal reasons.

A 2004 Board of Inquiry report into the Anglican Diocese’s handling of sexual abuse allegations, by retired Supreme Court judge Trevor Olson and social policy Professor Donna Chung, revealed that when the matter was reported to Mr Burchnall and Mr Stanley on the morning of June 6, 1992, both accepted Mountford’s resignation and Dr George was informed.

At midday, Dr George attended the southern suburbs home of another priest where Mountford had gone and spoke with him.

In reference to the 2004 report, Mr Woods states: “According to the (priest) Mountford was given an ultimatum to leave the country within 24 hours or the police would be called.’’

Mr Woods states a letter written by Dr George to Mountford in March, 1993 may be important in any future trial.

He states the letter indicates that the archbishop may or must have discussed the matter with the headmaster and/or deputy headmaster.

Mr Woods’ opinion states there was evidence to suggest Mountford fleeing Adelaide had hampered a subsequent police investigation when the abuse was eventually reported.

“The actions of assisting Mr Mountford to flee the jurisdiction not only had the tendency to deflect and prevent the police from investigating the actions and offending in relation to (a victim) but prevented a wider inquiry by Family and Community Services or the police in respect of any wider offending,’’ he said.

Dr George, Mr Burchnall and Mountford, who was murdered in Libya in 2009, have all denied Mountford was ordered to leave Adelaide within 24 hours or face a police investigation.

Late on Tuesday, Mr Stanley said police had “already advised me” that he was not under investigation for criminal charges.

David’s mother, Helen, said she commissioned the legal opinion because she wanted to assist police because of the complex nature of the alleged offending.

“I advised the police I was doing this and think they were actually grateful to have that opinion provided to them,’’ she said.