Top Cop Not Convinced on Abuse Inquiry Powers

By Tom Nightingale
ABC News
November 9, 2012

http://www.abc.net.au/news/2012-11-09/policeman-not-convinced-abuse-inquiry-will-be-powerful-enough/4363972

[with video]

The senior policeman whose allegations have sparked a special commission of inquiry into claims of a police cover-up of church sex abuse in NSW says he is not yet convinced it will be powerful enough to bring about justice.

NSW Premier Barry O'Farrell today announced the inquiry after Detective Chief Inspector Peter Fox went public with claims that his investigations in the Hunter Valley had been hampered by interference from within the police force and by the Catholic Church.

Chief Inspector Fox was investigating whether some of the church's top Australian leaders covered up sex abuse allegations but was ordered off the case.

He was calling for a royal commission, but a spokesman for Mr O'Farrell told PM the special commission effectively had the same powers.

Chief Inspector Fox says he will not be happy unless that is the case.

"The proof will be in what powers it has. Is it going to have the full powers of a royal commission? And why not call it that, if it is?" he said.

Last night, the senior officer told ABC TV's Lateline that he encountered alleged serious issues of cover-up in his investigation of priest Father Denis McAlinden.

The priest had arrived in Australia from Ireland in 1949 and for four decades he was transferred from parish to parish, and even outside Australia.

The Department of Public Prosecutions is now looking at whether McAlinden's crimes were covered up by three senior members of the clergy, including the general secretary of the Australian Catholic Bishops conference, Brian Lucas, the Archbishop of Adelaide, Philip Wilson, and former bishop of Newcastle, Michael Malone.

Chief Inspector Fox was in the middle of investigating the matter in 2010 when he was directed to hand over all his evidence to other officers, including a statement from a critical witness.

But the inquiry will only look at those specific allegations.

'Cone of silence'

Chief Inspector Fox says he has not heard from the Premier's office nor the Catholic Church since his appearance on Lateline.

"I've only had one inquiry from the police," he said.

"I was very politely reminded that the police department's policy is that I shouldn't be speaking out on such matters to the media, and I very politely explained that I was aware of that and I was politely ignored.

"That's one of the major criticisms - the cone of silence that has occurred within the church and the priests to bishops to archbishops in not speaking up concerning these things.

"I'm a little dismayed to be told that police should also do the same when we have knowledge of what's going on."

Royal commissions typically have broader terms of reference than special commissions of inquiry.

Dr Andrew Morrison SC from the Australian Lawyers Alliance is questioning whether this inquiry's terms of reference will be broad enough.

"The characteristics of a royal commission are the power to compel the attendance of witnesses and the production of documents, but most specifically to compel answers to questions which is something which a normal court of law can't do," he said.

"A royal commission can give immunity to witnesses so that witnesses can speak freely.

"A special commission of inquiry can be given royal commission-type powers, indeed, there are other forms of inquiry which can be given those same powers.

"But, as I understand, this particular commission, it is quite specific to the allegations made by Detective Chief Inspector Fox, and what was a little less than clear from the Government's announcement is whether that includes the allegations not merely of cover up within the senior ranks of the police force but also cover up within the Roman Catholic Church."

On Thursday night, Chief Inspector Fox outlined in graphic detail one of the worst cases of abuse he had dealt with - a 12-year-old boy raped in a car by a priest.

The mother of that boy, Patt Feenan, spoke to Lateline on Friday night, calling for a royal commission.

"I think a Royal Commission would satisfy a lot of people, that most of the dirt is out and it is about getting it out and moving forward," she said.

"Until that happens, that trust that has been betrayed and abused will sit and fester."

A spokesman for Mr O'Farrell told PM the inquiry would mainly look at the claim of a police cover-up.

The terms of reference are still being drawn up and negotiated with the commissioner, Margaret Cunneen SC.

Mr O'Farrell says the commissioner can request changes.

"The issue of the terms of reference and the length of the inquiry, the conduct of the inquiry, of course, will be determined in consultation with Margaret Cunneen," he said.

"But what I'm determined to do is ensure that these allegations are properly investigated.

"What I'm determined to do is ensure those who have robbed young children of their futures are brought to justice."

It is not yet clear whether the hearings will be public, with the Premier's office saying it is for the commissioner to decide.

The terms of reference are expected to be released next week.