Opinion: Inquiry's Focus Turns to Conduct of Church

By Margaret Cunneen
Newcastle Herald
July 2, 2013

http://www.theherald.com.au/story/1609949/opinion-inquirys-focus-turns-to-conduct-of-church/?cs=391

This is an edited transcript of the opening remarks of Commissioner Margaret Cunneen at the second session of the Special Commission of Inquiry into child sex abuse allegations in the Catholic diocese of Maitland-Newcastle.

TODAY we start on a new and important part of this inquiry.

While the public hearings to date have concentrated on the conduct of police officers, this second limb focuses on the conduct of Church officials of the Maitland-Newcastle diocese, including whether they hindered or co-operated with police investigations.

The sexual abuse of children is abhorrent.

It has a devastating and long-lasting effect on victims and their families, and on the community generally.

It should not be tolerated or condoned by any modern society.

It can be very difficult for children to speak out about sexual abuse. When they do, the collective responsibility to take action weighs heavily on all.

Child sexual abuse by a priest involves a gross breach of trust of the highest magnitude. It breaches the trust of the victims and their families in a manner that is reprehensible and may cause irreparable harm.

The diocese of Maitland-Newcastle has a very troubled history regarding issues of child protection and the sexual abuse of children.

This includes sexual abuse committed against young children by certain priests of the diocese.

Two of those priests were Denis McAlinden and James Fletcher.

Denis McAlinden is regarded as having a history of sexual offending against children over four decades. McAlinden died in late 2005.

In June 2010, McAlinden was publicly described by the then bishop of the Maitland-Newcastle diocese, Bishop Michael Malone, as having been "a predator" who should have been dealt with earlier.

James Fletcher was ultimately convicted and sentenced in NSW in 2004 of having committed nine offences relating to the sexual abuse of a minor, who had been an altar boy.

The sentencing judge described these offences as involving a "gross and inexcusable breach of trust".

Over time, a number of other victims of Fletcher have come forward, including to this inquiry.

Following the conviction of Fletcher in December 2004, the then bishop of the Maitland-Newcastle diocese issued an apology to the victims and the victims' families for the pain and suffering caused by the criminal actions of Father Fletcher.

Fletcher died in jail in January 2006.

In the circumstances described, there can be little doubt that McAlinden and Fletcher were sexual predators who, utilising their position as priests, separately committed heinous offences against vulnerable young children.

While the inquiry's terms of reference focus on matters relating to McAlinden and Fletcher, and associated police investigations, this inquiry is acutely aware that there have been victims of other priests.

Today, I acknowledge those victims and their families, and the pain and suffering they endure daily. I trust, and expect, that their voices will be heard in other forums.

The inquiry has been carrying out its investigations since late last year.

More than 70 summonses for production of documents have been issued to over 35 relevant persons and organisations. Approximately 100,000 pages of documents have been produced and reviewed.

Further summonses for production may be issued.

In addition, the inquiry has conducted in excess of 120 compulsory private hearings, conferences and interviews with relevant persons, including Church officials and police officers.

The inquiry has also been acutely aware of the need to ensure that victims of McAlinden and Fletcher have been able to be heard.

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In addition to meeting with victims and their families and conducting numerous private hearings, conferences and interviews, the inquiry has also held a number of information sessions at Wallsend.

The present inquiry is authorised to refer evidence and information to the national Royal Commission into Institutional Responses to Child Sexual Abuse.

The royal commission can look at, among other things, any private or non-governmental organisation, including a religious organisation (such as a diocese), that is or was in the past involved with children, and consider its response to allegations and incidents of child sexual abuse.

This inquiry has referred a substantial quantity of material for examination and investigation by the royal commission, and will continue to do so as appropriate.