Royal Commission Begins to Take Shape

World Today
January 11, 2013

http://www.abc.net.au/news/2013-01-11/royal-commission-begins-to-take-shape/4461048?section=act

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The Royal Commission into institutional child sexual abuse is beginning to take form, with the Attorney-General revealing it will have the power to set up a special investigative unit to ensure any potential criminal cases that emerge during the inquiry are investigated and prosecuted quickly. Victims groups have welcomed the model, but say it may be more efficient for victims to go straight to police rather than raise their allegations with the Royal Commission.

SAMANTHA DONOVAN: The Prime Minister is to announce the terms of reference for the Royal Commission into child sexual abuse this afternoon.

Six commissioners will lead the huge inquiry, and the structure of the commission will be largely left up to them.

But the Attorney-General has already revealed the commission will have a special unit to ensure criminal allegations raised in the inquiry are investigated and prosecuted swiftly.

That's being welcomed by victims groups but they're warning victims they may be better off taking their cases straight to the police.

Lexi Metherell reports.

LEXI METHERELL: The Royal Commission's role is not to make criminal prosecutions, but policy recommendations.

Nonetheless, the Government wants to ensure any potential criminal cases that emerge during the inquiry are investigated and prosecuted quickly.

That's why the Attorney-General Nicola Roxon says it will have the power to set up a special investigative unit.

NICOLA ROXON: We believe the option of an investigative unit where material can be gathered, where perhaps a brief of material would be able to be developed by staff in the commission to hand to the local police authorities may well be a good liaison process that will allow those matters that need to be followed by police to be referred to them in a quite comprehensive way.

BERNARD BARRETT: It's quite a good idea, but we already have state police forces for that purpose.

LEXI METHERELL: Spokesman for the victims group Broken Rites, Dr Bernard Barrett, says it may be better for victims to contact police directly rather than go through the Royal Commission if they want their allegations dealt with swiftly.

BERNARD BARRETT: Some victims, I suppose, presume that the Royal Commission is something higher than the police force but of course that's not true because the police force have the powers of arrest and they can charge people whereas the Royal Commission is merely making recommendations to the Government about future policy.

But some victims will report their crimes to the Royal Commission instead of to the police well then, the Royal Commission, the unit can perhaps pick out some of those and possibly, I hope refer some of those to the police if it's got time but it might get flooded with all kinds of offences or grievances and the bureaucratic wheels must stop some of those from being passed on to the police.

LEXI METHERELL: Barrister Bryan Keon-Cohen QC leads the group COIN which is lobbying for victims of abuse by Catholic clergy in Victoria.

He says the special investigative unit should have a key focus on instances of institutional cover-up and hierarchies turning a blind eye to abuse.

BRYAN KEON-COHEN: They certainly are criminal charges as are relevant to the hierarchy of the church turning a blind eye. These are in the general area of misprision a felony, aiding and abetting, being an accessory to the fact or an accessory after the fact. These are the types of criminal offences that are available. There have been prosecutions in America, for example one running at the moment in Philadelphia in the USA on exactly this sort of basis, i.e. an archbishop, a bishop, a monsignor, a manager of a Catholic diocese has been prosecuted for turning a blind eye and doing nothing in circumstances where he should have done something to alert the police or deal with the offender.

LEXI METHERELL: Late last year, the Catholic Church established a Truth, Justice and Healing Council, to handle the church's response to the Royal Commission.

Francis Sullivan is the council's chief executive.

(Question to Francis Sullivan) Is the church bracing for the fact that its priests could be subject to more criminal investigations as a result of this Royal Commission?

FRANCIS SULLIVAN: The church has made it very clear that it welcomes the Royal Commission and will fully embrace it with its work.

The reality is that in order for truth and justice and healing to occur you need to go through a process like this and what will be, will be and the Royal Commissioners, if they want to refer things to the police, they will do so.

If you're about truth then you need to be open to the process.

LEXI METHERELL: More details of the commission are to be revealed shortly, with the Prime Minister to unveil the full terms of reference and who the six commissioners will be.

They'll be asked to deliver an interim report after 18 months, and will each have terms of three years.

But if the commission's anything like similar ones overseas they may have to extend.

Bryan Keon-Cohen.

BRYAN KEON-COHEN: The equivalent inquiry in Ireland took nine years and had 1,500 witnesses. My submission to the Attorney-General suggested commissioners should be appointed in every state and territory with an overarching federal set of commissioners to manage the whole exercise.

This could be massive but there is no alternative and it must proceed.

SAMANTHA DONOVAN: Barrister Bryan Keon-Cohen QC, ending Lexi Metherell's report.