Royal Commission: Survivors" Fury after Trio of Former Bishops Not Referred for Prosecution
By Giselle Wakatama
Three former Anglican bishops heavily criticised by the Royal Commission have not been referred for prosecution, sparking fury among abuse survivors. The Royal Commission into Child Sexual Abuse in December 2017 accused former Newcastle bishops Roger Herft, Alfred Holland and Richard Appleby of having a "do nothing" approach in response to child sexual abuse allegations. Survivor Steve Smith fought back tears when he was told the men had not been referred to prosecutors at both state and national levels. "I am absolutely astounded … it is a kick in the guts, I am lost for words," Mr Smith said. "After all we went through with the commission, the hearing, the statements, the evidence and it has all come to nothing, I can't believe it." The commission said in its report a "group of perpetrators was allowed to operate within the [Newcastle Anglican] Diocese for at least 30 years." Survivor Paul Gray said those in charge should be held to account. "Because I sat through a series of days and days and days in the Royal Commission listening to the evidence," he said. "I just don't understand, it's gobsmacking to say the least."
It found former bishop Herft's response to abuse was "weak, ineffectual and noted a failure of leadership". He quit as the Anglican Archbishop of Perth in December 2016 after damning evidence about his leadership came to light. The report also criticised the former bishop Alfred Holland and former assistant Bishop Richard Appleby, finding that they had failed to act on allegations, and prevent further abuse being perpetrated. The Commonwealth Director of Public Prosecutions cannot investigate without a formal referral and it has told the ABC it has not received any in relation to the former bishops.
"The CDPP does not have any record of receiving a brief of evidence for the individuals mentioned," it said in a statement. "If a brief of evidence is received it will be assessed in accordance with the prosecution policy of the commonwealth." The ABC has also confirmed there is no action in relation to the trio by the DPP at a state level. "Prosecutions commence after charges are laid and police have compiled a brief of evidence," a spokeswoman for the NSW DPP said. "I can't find any records of any of these people named." Ex-bishops to face internal disciplinary proceedings
In the wake of the Commission's findings, the Anglican Diocese of Newcastle this week announced the men would face formal church disciplinary proceedings. It said bishops Herft and Holland have been referred to the national Anglican Episcopal Standards Commission, adding that Bishop Appleby's case study would go before the church's Professional Standards Commission. That internal action prompted suspicion among abuse survivors, who questioned whether internal church hearings could be scheduled if prosecutions were on foot. Mr Smith said the situation was his worst nightmare, adding the lack of charges against the men was particularly confusing given the conviction in May of Catholic Archbishop Philip Wilson for concealing child sexual abuse committed in the Hunter Valley from the 1970s.
SUPPLIED: ROYAL COMMISSION In what has been hailed as a landmark case, Wilson is the world's most senior Catholic convicted of concealing abuse. Wilson is now appealing his conviction. "I'd have thought that given what happened in the Royal Commission that Herft, Holland and Appleby would have been pretty much front runners for the same treatment," Mr Smith said. Anglican diocese being 'proactive' The current Anglican Bishop of Newcastle Peter Stuart said the diocese was being proactive in the wake of the royal commission. "Anglicans have adjusted rules on confession and are close to formalising its participation in the National Redress Scheme. "Following the release of the specific report from Royal Commission Case Study into the Diocese, the Diocese has been evaluating the formal action it should take in relation to people subject to adverse findings." The Anglican Diocese of Newcastle said police were not opposed to it proceeding with church disciplinary hearings. The ABC has approached NSW Police for comment but has not received a response.
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