By Jonathan Dart
Sydney Morning Herald
November 11, 2008
http://www.smh.com.au/news/national/allies-slam-trial-by-media/2008/11/10/1226165481844.html
AS VINCENTIAN priest Peter Dywer emerged from Bathurst District Court yesterday, he was surrounded by about 20 people to shield him from the waiting media and bemused onlookers.
The former teacher and college president of Bathurst's exclusive boarding school, St Stanislaus College, faces more child sex charges, with prosecutors seeking an adjournment in his case until next month for further evidence to be gathered.
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| Facing charges … (left to right) former St Stanislaus colleagues Brian Spillane, John Gaven and Peter Dwyer. |
Dwyer, 65, was arrested in September and charged with four child sex assaults against a single complainant, believed to be a former student whom he taught in the early 1980s.
The proceedings in court were a sharp contrast to outside, where supporters huddled in a pack and rallied against what lawyer Greg Walsh described as "trial by media".
Although Dwyer has not lived in Bathurst for more than a decade, taking a post at the Catholic Church's Good Shepherd seminary in Sydney and later serving as a parish priest in Armidale, there was no shortage of supporters in his old town.
Approached by a former colleague outside the courtroom, Dwyer confided that the case was "breaking my spirit".
Prosecutor Beth Walker asked the court for an adjournment of the case until December 22, with police still gathering evidence for possible further charges.
"I hope by that time to have sufficient material so I can make an adequate recommendation to the Director [of Public Prosecutions]," Ms Walker said. "Further charges will be confirmed by that time."
Dwyer also applied to have his bail conditions altered so that he could report to police in Coffs Harbour.
But two of Dwyer's former colleagues will not have their cases heard in Bathurst, where they are alleged to have committed sexual assaults against students in their care.
Former St Stanislaus dormitory supervisor John Gaven, 66, and former chaplain Brian Spillane, 65 - facing a total 28 child sex charges and 93 charges respectively - had their cases adjourned until December 19.
Magistrate Thomas Hodgson was forced to disqualify himself after making comments that may have prejudiced prosecution submissions in relation to defence subpoenas for evidence.
The case will now be moved to Sydney, which Mr Walsh said is an "outrage, disgust and doesn't reflect well on the administration of justice in general".
Mr Walsh argued that the "people of Bathurst have a right to be able to see justice being done" and said: "[Prosecutor Beth] Walker utilised this matter for the convenience of having [the case] transferred to Sydney."
Prosecutor Peter Singleton said there was no advantage for the case to be moved to Sydney and said it was necessary for procedural fairness.
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