(AUSTRALIA)
Australian Broadcasting Corporation - ABC [Sydney, Australia]
April 3, 2023
By Kyra Gillespie
A decision by Victoria’s highest court to uphold a landmark ruling that holds the Catholic church vicariously liable for the abuse of its priests has been hailed as a win for victim-survivors.
Key points:
- Victoria’s highest court has ruled the Catholic church is vicariously liable for sexual abuse by a priest
- An attempt by the church to appeal the ruling was quashed
- It has been hailed a significant victory for all survivors
An attempt by the church to appeal the ruling was quashed by the Victorian Court of Appeal on Monday.
The original decision involved the case of a then-five-year-old boy, known as DP, who was abused by Catholic priest Bryan Coffey at his parents’ home in Port Fairy in 1971.
The church had argued Coffey was not a formal employee and therefore it could not be held liable.
But DP’s lawyers convinced Victoria’s Supreme Court in 2021 that the priest was the servant of the diocese even if he wasn’t an employee in a strictly legal sense.
The ruling found his position of “power and intimacy” in the role given by the church, in turn, gave him the ability to access and abuse children.
That left the church vicariously liable for Coffey’s abuse, the court found.
It was the first such ruling in Australia.
The church appealed against the decision. On Monday, however, the Court of Appeal upheld the previous ruling of vicarious liability.
Vindication now ‘easier’ for survivors’
Special counsel at Ken Cush & Associates Sangeeta Sharmin said the decision was a win for victim-survivors.
“It’s a significant victory for all survivors,” Ms Sharmin said.
“It’s essentially made it easier for survivors to seek vindication and means that church leaders can no longer avoid responsibility by using that technical legal argument.
“Victims who have felt, for one reason or another, they may not get the compensation they deserve can now rest assured there has been that breakthrough in the law.”
Ms Sharmin said this ruling can apply to any diocese or bishop.
DP was previously awarded $230,000. The court of appeal declined a cross-appeal seeking to increase the amount awarded in damages.
“My client is aware of the decision and he thanks the court and legal team,” Ms Sharmin said.
Coffey, who was ordained in July 1960, was appointed to St Patrick’s Primary School as an assistant priest in 1966 where the victim attended school.
The ruling found: “On performing his work, Coffey wore the uniform of the Roman Catholic priest”.
“Coffey was very much a representative, and conducted the work, of the diocese.”
Coffey was convicted in the Ballarat County Court in February 1999 of multiple counts of sexual assault against other children, and was given a three-year suspended sentence.
He died in 2013.