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  Inquiry Call Sits with Lawyers

By Kim Thomas and John Hartevelt
The Press
June 27, 2008

http://www.stuff.co.nz/stuff/thepress/4598324a6530.html

The Crown Law Office is reviewing the case for a wholesale inquiry into institutional care of children after this week's findings of sexual abuse against a St John of God brother.

St John of God Brother Rodger William Moloney, 73, was this week found guilty of three charges of indecent assault and four of inducing boys to do an indecent act.

He was acquitted on a further 16 charges.

Another St John of God priest, Father Raymond Garchow, 59, will stand trial next month on eight historic indecency charges after, like Moloney, losing a protracted battle against extradition from Australia in 2006.

Garchow's lawyer Rob Harrisontold The Press yesterday he planned to file for a stay of proceedings with the courts, asking for the charges to be dropped for reasons including the length of time it had taken to get to court.

In February, another St John of God brother successfully got a permanent stay of proceedings in the High Court in Christchurch in relation to eight counts of historic sexual abuse because of a four-year delay in the case getting to court. That brother has permanent name suppression.

Male Survivors of Sexual Abuse Trust manager Ken Clearwater wrote to Prime Minister Helen Clark in April calling for an inquiry into the care of children in institutions, particularly those such as Marylands that had been implicated in proven abuse.

Clearwater said it was better to have a closed-door inquiry rather than continue the ordeal of further court cases.

"They're not able to articulate themselves and it's very difficult when you're in a court of law and you get screwed up with dates," Clearwater said.

"It's horrendous to have to put them through that court system."

One of the victims of Moloney's abuse who gave evidence agreed.

"Hopefully the Government will start realising that this thing is no longer a joke," he said.

"It should be taken seriously. This stuff does happen kids should be heard."

Clearwater said he hoped an inquiry would expose the "horrors faced by some of our most vulnerable children in this country".

The Prime Minister had forwarded Clearwater's request to the Attorney General, who in turn handed it to the Crown Law office.

Chris Ritchie, a spokesman for the Attorney General, said Crown Law was reviewing Clearwater's request.

The head of the St John of God Brothers, Brother Timothy Graham, yesterday "wholeheartedly and unreservedly" apologising to the victims of Moloney's abuse.

 
 

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