Ex-Judge to Coordinate Church Abuse Response

By Simon Lauder
ABC News
December 12, 2012

www.abc.net.au/news/2012-12-12/church-appoints-ex-judge-to-coordinate-abuse-response/4423674

[with audio]

The Catholic Church has announced a national body to coordinate its response to the national royal commission into sexual abuse.

The Truth, Justice and Healing Council will be chaired by former Supreme Court judge Barry O'Keefe QC.

The group, which is yet to be fully announced, will provide support and expertise to the commission and identify institutional failures and find ways to stop child abuse happening in the future.

Mr O'Keefe says he recognises the job ahead will be difficult.

"But as a barrister of many, many years and a judge of many years and a commissioner of the Independent Commission Against Corruption, I learnt to face that which was unpalatable," he said.

Mr O'Keefe says it would not be the council's role to prepare church witnesses for the royal commission.

"As for giving instructions to a witness, that wouldn't be part of our brief," he said.

"In fact, no lawyer should do that. I mean, you seek the truth and if you seek the truth, you don't tell people what the truth is, you ask them what the truth is and that will be our approach."

Although the members of the council will be selected by the church, Mr O'Keefe defended its independence.

"Barristers and judges learn very early in their careers to be independent of their clients," he said.

"That is, they tender the best advice that they can. When you tender advice that the client wants, it comes back to bite you anyway if it's not right."

Mr O'Keefe also defended the confessional, saying it is protected legally by the Australian constitution.

"I believe that the confessional seal was absolute, until recently I never heard this seriously questioned, I think that's a red herring," he said.

The Catholic Archbishop of Melbourne, Denis Hart, said he supported the Royal Commission into Institutional Responses to Child Sexual Abuse and the church was open to whatever changes it may recommend, bar one.

"I certainly believe that as the church the only way forward is for us to face the truth of events that have happened," he said.

"The responsibility that priests have in the confessional is absolute and inviolate."

The Archbishop says any documentation that is requested by the royal commission will be provided.

'Legalistic council'

Judy Courtin from the Monash University Faculty of Law is researching sexual assault and the Catholic Church and says the announcement shows the church is mainly concerned with protecting its image.

"If it were serious about wanting the truth and facing the truth it would not need to hide behind this very legalistic council. It doesn't need to defend itself anymore," she said.

"If the church was serious about facing the truth and bringing about justice, it would be freely giving the documents and the files of the church relating to these crimes over to the police and over to the royal commission.

"That is the only way really the church could be facing the truth and trying to deliver justice."

However, the council's chief executive Francis Sullivan, who has been a consultant to the Vatican on pastoral healthcare, rejected the claim the council was a public relations stunt.

"I don't think any of us are wanting to get into a PR stunt about a serious issue like this, to be honest," he said.

"Our involvement is because we feel very, very committed to bringing about an honest, transparent, compassionate response and processes by the church over the scandal.

"So I think it's very cynical to call it a PR stunt."

Mr Sullivan says the church will consider having a victim represented on the council.

"I would think that if there was a way in which it could be, a person would feel that they were able to participate in the council, that it wasn't traumatic in any way, then that would be good," he said.

The church says there will be more announcements about the makeup of the council in due course.