Call for Cover-up Inquiry

By Deb Banks
ABC Mildura-Swan Hill
June 28, 2013

http://www.abc.net.au/local/stories/2013/06/28/3791580.htm

A former police detective living in Mildura wants a government inquiry into what happened to him 40 years ago, after he uncovered hundreds of cases of sex abuse at the hands of a Catholic church priest and found himself confronted with a conspiracy to prevent investigation, damaging his career and leading ultimately to his resignation from the force.

Denis Ryan says his investigation into Catholic priest - Monsignor John Day - uncovered hundreds of cases of child sex abuse, but was smothered by Victoria Police and the church.

Mr Ryan has documented his quest for justice in a book released this week, and is telling his story for the first time.

Mr Ryan first came in contact with Father Day on the streets of St Kilda, in 1956, while on divisional van duties.

"(He was) semi naked from the midriff down to the ankles, lying across the front seat. He had his head in the driver's lap, and his feet in the other prostitute's lap.

"We went around to the passenger side, and opened the door. And we found that the male lying in the front seat, had a clerical collar on."

Day - drunk, disorderly, and with prostitutes - isn't charged.

Instead, Mr Ryan's sergeant arranges to have Day collected by two young priests from St Patrick's Cathedral.

"I was a little stunned, because irrespective of whether you're a priest or not, and I was a practicing Catholic, what right have you to then be excluded from what happens to others?"

It's the first time Mr Ryan meets John Day, but it won't be the last.

On doctor's orders he transfers his young family to Victoria's far north-west, to be a detective at Mildura CIB.

Before leaving Melbourne, Mr Ryan is warned he won't get on with his new boss - senior detective Jim Barritt - "there's something wrong with him in the head", he's told.

Denis Ryan prepares himself for Barritt, but can't believe it when, on his first day, he comes face-to-face again, with John Day.

"I was first off, taken direct, to the presbytery to meet Father Day. Well first off, we said hellos, exchanged pleasantries, and then we left.

"When we got back into Jim Barritt's car I said to Jim, 'That fellow has funny habits.' He immediately turned around and said, 'You don't know what you're talking about, you should get your facts right!'."

Nine years later, Mr Ryan gets a call from the principal of St Joseph's College, John Howden.

He asks Mr Ryan to come up to the school.

Just before putting the phone down, Mr Howden adds; "Do not tell Jim Barritt, and I'll let you know when you get up here."

Mr Ryan says it wasn't until 2006 when he read a former colleague's memoirs that he found out Barritt had been intercepting child sex abuse claims against Father Day, and then visiting families to tell them to be quiet.

With the information provided by the school, Mr Ryan was able to begin a formal investigation.

"It wasn't a difficult inquiry. I could've easily got 100 statements. I said 100, and that was backed up by Bishop (Peter) Connors (in 1997)."

In a short space of time, Denis Ryan has collected 12 statements from male and female victims of buggery, attempted rape, and gross indecency, and is becoming increasingly aware of many more.

The enormity of what he's discovering shocks him. He's been asked not to go to Barritt with what he's discovered, so contacts his Superintendant Jack McPartland (based at Swan Hill), instead.

The super tells him to hand over the 12 statements, and he's taken off the case.

An inquiry's begun into the claims against John Day, but it's by Jim Barritt - his protector.

"It was ludicrous. It was an ostentatious display of how to commit conspiracies," Mr Ryan says.

At the same time Barritt's inquiry into Day begins, Melbourne sends its chief investigator John O'Connor to Mildura.

Mr Ryan says O'Connor offered him a bribe while standing in the backyard at his home on the 15th of January, 1972.

"He puts a proposition to me; 'It's all fixed up, you'll be the detective sergeant here, Barritt will be moved on.'," he says.

Mr Ryan says he told O'Connor he didn't want Barritt's job, but had thought O'Connor had come to Mildura to help him in his investigation "into a Monsignor who'd been raping kids".

There were many more attempts to get Denis Ryan off Day's back, and drop his pursuit of the "paedophile priest".

In his desperation for the victims, Mr Ryan, along with John Howden, writes to the Bishop - Ronald Mulkearns.

Bishop Mulkearns wrote back in support of Day, saying he'd "suffered" great humiliation as a result of Denis Ryan's investigation, and that both he and John Howden should "get behind" their local priest.

"How dishonourable was this man that was a Bishop of the Catholic Church?

"He needs to suffer the full consequence, of the law, and he will when a Royal Commission comes about," Mr Ryan says.

Only after "a visit" from chief police investigator John O'Connor, does Bishop Mulkearns withdraw his support of Day.

He resigns after 15 years as the parish priest in Mildura, and stays for a time at the St James Presbytery in Elsternwick, before leaving for Chicago and Portugal.

He's posted to Timboon parish - still able to work with children - later that year, and stays there until his death in 1978.

By the time O'Connor's report reaches the Deputy Commissioner in April - it doesn't deal with Day at all, but shifts to Barritt and Mr Ryan's relationship difficulties.

It's a dirt file.

For his part, Barritt is transferred to Echuca, and retires from the force eight years later. He dies in 1997.

Transfer orders also arrive for Denis Ryan. The police association won't help him, and he can't afford a lawyer.

"I thought, now, they want me out of here, for sure. They want to get rid of me, I'm in their hair.

"If I leave, this (investigation) is going to die and kids will continue (to be at risk). I've got to hang on to this, I've got to stay here.

"The only thing I could do was resign, which was a helluva blow to me."

At 82, Denis Ryan is telling his story for the first time.

Questions have been asked in parliament, and a few stories printed, but never the whole story.

Both then, and now, government administrations have dismissed him - based largely on O'Connor's 40-year-old report.

Mr Ryan's story demands to be seen with fresh eyes. Like those of Sir Rupert Hamer, when he comes to visit Mr Ryan - now a Shire President - in 1980.

There was time in between (civic engagements) for a drive around the district to look at State Government funded projects.

"I was driving him around ... and out of nowhere, out of the complete blue he said to me 'Denis, if you were still a member of the police force, would you do what you did, previously?', and I said "Yes I would, and said 'I thought the penalty was a bit harsh', and he says 'Yes it was'."

Using FOI in 2006, Mr Ryan reads the report from Barritt's investigation into Day (written by Inspector Alby Irwin) for the first time.

It finds "insufficient evidence to Prosecute Day", but says there was little doubt he'd "misconducted himself".

The report is signed off by the then district Superintendent Jack McPartland, Deputy Commissioner Jack Carmichael, and Chief Commissioner Reg Jackson.

Mr Ryan says there needs to be a government inquiry into what happened to his 1971 investigation into Monsignor Day.

"Oh gosh yes. I'd love that. That would be the epitome of all my thoughts," he says.

Mr Ryan says an apology from Victoria Police would also be gratefully accepted.

Denis Ryan says he's still deciding about whether to make a submission to the Royal Commission.

He says it's an opportunity for the Catholic Church to admit to covering up Day's crimes, but adds anytime is a good time.

His book - Unholy Trinity - is being released this week. The co-writer is Peter Hoysted.