AUSTRALIA
Newcastle Herald
By JOANNE McCARTHY March 21, 2014
THE Catholic Church has avoided an historic first trial against an Australian priest for allegedly concealing the child sex offences of another person after a Newcastle magistrate dismissed charges against Hunter priest Lew Fenton.
Magistrate Robert Stone found inconsistencies in evidence by a man, his mother and sister about an alleged sexual assault when the man was 9, which was allegedly disclosed to Father Fenton, were so significant there were no reasonable prospects a jury would convict him.
But Mr Stone, in Newcastle Local Court yesterday, found there was evidence to show the boy was sexually assaulted by Frank Tully, a salesman with the Post group of newspapers, then owned by the Newcastle Herald, at Birubi beach between 1982 and 1984.
Mr Stone dismissed a charge that Father Fenton, 81, knew Tully was going to indecently assault the boy in a room at the rear of Nelson Bay church, and assisted him.
This followed conflicting evidence from the man, his mother and sister, and after significant evidence from the man in court that did not appear in his statement to police.
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