Tardy Extradition Bid Allows Abusing Catholic Brother to Flee to Sri Lanka

By Paul Bibby and Rory Callinan and Martin Van Beynen
The Age
November 25, 2012

http://www.theage.com.au/national/tardy-extradition-bid-allows-abusing-catholic-brother-to-flee-to-sri-lanka-20121125-2a1n7.html

Bernard McGrath Photo by Dean Kozanic

A FORMER Catholic brother charged five months ago with hundreds of counts of sexual abuse against children and young adults is now living in Sri Lanka because authorities dragged their feet in seeking his extradition to Australia.

Former St John of God brother Bernard Kevin McGrath, who recently served two years in a New Zealand prison for sexually abusing boys there, had 252 abuse charges laid against him in a Newcastle court on June 27.

The 65-year-old is alleged to have repeatedly raped, molested and abused dozens of young boys at church-run institutions in the Newcastle-Maitland diocese during the late 1970s and '80s. It is understood that a number of the charges relate to McGrath's time as a brother at the notorious Kendall Grange College in Morissett, New South Wales.

Fairfax media revealed on Sunday that McGrath is one of three St John of God brothers being sued by Sydney's so-called "playboy rapist", Simon Monteiro, who is currently serving a jail sentence for aggravated rape and who claims that the abuse he suffered has left him with severe psychological disorders.

Among the charges faced by McGrath are 30 counts of homosexual intercourse with a male between the age of 10 and 18, 30 counts of homosexual intercourse between a teacher and a student aged between 10 and 18, and 102 charges of indecent assault.

NSW police were meant to extradite McGrath to Australia from Christchurch where he had lived since being paroled in 2008. But Fairfax Media has learnt that McGrath was allowed to fly out of New Zealand some time after the charges were lodged and is currently staying on a tea plantation in the highlands of Sri Lanka.

Sri Lanka is a known haven for paedophiles, particularly its rural areas where criminals run large, organised child-sex operations. Australia does not have a direct extradition treaty with Sri Lanka.

McGrath's New Zealand brother, Clem McGrath, said the accused man had flown out of Christchurch in early winter after a friend had told him: "Why don't you come to Sri Lanka? You've got nothing here."

When asked on Sunday, neither NSW Police nor the office of federal Home Affairs and Justice Minister Jason Clare would say when the process of extraditing McGrath had begun.

"NSW Police will not comment in relation to this investigation as speculation may jeopardise current lines of inquiry," a police spokesman said.

But a New Zealand police source told Fairfax Media that the formal extradition request had only come to them from Interpol on November 15 - nearly five months after the charges were laid, and many weeks after McGrath reportedly left the country.

It is understood that the

extradition may have been delayed by the multiple levels of bureaucracy involved in the extradition process.

It is not known whether Sri Lankan authorities have been informed that an accused paedophile is living in their country.

Although Australia does not have a direct extradition treaty with Sri Lanka, it can extradite suspects from there under the London Scheme, which enables Commonwealth countries to extradite fugitive criminals to each other upon the presentation of prima face evidence.

Fairfax Media understands that Australian federal police based in Sri Lanka have been made aware of McGrath's presence and may have been following his movements.

Brother McGrath was transferred to New Zealand to be a teacher and dormitory master at Marylands, a SJOG boarding school near Christchurch for boys with learning and behavioural difficulties.

In 1993 he was sentenced to three years' jail in New Zealand for offences at Marylands and the Hebron Trust, a learning centre for street kids.

In 2002, more complainants contacted New Zealand police concerning sexual assaults by McGrath, culminating in his conviction in 2006 on 22 counts of abuse.

According to the online Factbook on Global Exploitation, 10,000 to 12,000 children from rural areas in Sri Lanka are trafficked and prostituted to paedophiles by organised crime groups every year.