Top Cop's Integrity under Fire: Inquiry

By Jason Gordon
Newcastle Herald
July 2, 2013

http://www.theherald.com.au/story/1612714/top-cops-integrity-under-fire-inquiry/?cs=391

THERE were tip-offs to paedophiles, accusations that senior police had deceived, even the discovery of gay porn in the presbytery of a Catholic priest.

The only thing missing in yesterday's hearing of the Special Commission of Inquiry in Newcastle was reliable evidence that the Church had hindered, obstructed or failed to co-operate with police investigations.

It was a long day in the stand for Detective Chief Inspector Peter Fox, the man who accused the Catholic Church of hindering police investigations. It was equally long for counsel assisting the commission, Julia Lonergan, who spent the entire day questioning Mr Fox.

Ms Lonergan had Mr Fox under extreme fire throughout the morning session. The court had heard evidence that, in 2002, former Maitland-Newcastle Bishop Michael Malone had tipped off paedophile priest Jim Fletcher about a police investigation into claims he sexually abused a child, and that the bishop also revealed to Fletcher the name of his accuser.

Both claims were first revealed by Newcastle Herald journalist Joanne McCarthy three years ago.

In his evidence, Mr Fox said he contemplated laying charges against Bishop Malone, given that "potential evidence was destroyed" by his telling Fletcher. Ultimately, he decided not to lay any charges.

Serious doubts were then cast over Mr Fox's recollection of his meeting with Bishop Malone and when he made reports about it.

One report given to the commission by Mr Fox was not dated, and was at odds with earlier evidence he gave the commission, as well as evidence he delivered in a private hearing in May this year.

Ms Lonergan suggested to Mr Fox that there "were elements of reconstruction" in his new version of events, raising "serious questions about its reliability".

Mr Fox rejected the suggestion.

Ms Lonergan asked Mr Fox if he deliberately set out to mislead the commission.

Mr Fox also rejected that suggestion.

Later, the commission heard that Fletcher had received a very angry anonymous phone call from another alleged victim, leaving him traumatised. Mr Fox said Fletcher was only distressed because Bishop Malone had told him about the police investigation, but Bishop Malone said Fletcher was distressed by his anonymous caller.

Either way, the commission still didn't get what it was looking for - any obstruction or hindrance of police investigations by the Church.

Mr Fox had spoken to other clergy at the time, but he agreed none of them had hindered his inquiries.

Mr Fox also conceded that he had been told of homosexual pornography being found in the Lochinvar presbytery belonging to Jim Fletcher shortly after his parish had been extended to that area.

But there was no proof that it belonged to Fletcher.

Mr Fox conceded it was not illegal for anyone to possess such porn, but he thought it "highly unusual for a priest to possess homosexual pornography". He said it would have been "handy to have the magazines and video" during the trial of Jim Fletcher, but they had allegedly been destroyed by another priest.

Mr Fox conceded that he knew of the porn's existence by hearsay only. And Ms Lonergan pointed out that Fletcher was convicted regardless.

Mr Fox will continue being questioned by Ms Lonergan today.