Nsw Abuse Inquiry Hears Catholic Church Official Was Willing to Risk Breaking the Law by Not Reporting Child Sexual Abuse Allegations

By Dan Cox
ABC News
July 24, 2013

http://www.abc.net.au/news/2013-07-24/church-official-took-no-meeting-notes-amid-legal-fears/4840432

A senior Catholic Church official says he was willing to risk breaking the law by not reporting child sexual abuse allegations against a Hunter Valley priest.

Father Brian Lucas is a former lawyer and the current general secretary of the Australian Catholic Bishops conference.

He is giving evidence at the New South Wales inquiry investigating claims the church covered up abuse by two Maitland-Newcastle priests, Father James Fletcher and Father Denis McAlinden.

Father Lucas has told the inquiry he did not take notes during meetings to ensure they could not be used later in court.

The commission has already heard allegations that Father Lucas did not go to police after McAlinden confessed to him in 1993.

Counsel-assisting the commission Julia Lonergan asked Father Lucas about his note-taking while he was in a special role in the early 1990s and dealing with around 35 matters of allegations against priests.

Ms Lonergan said he did not take notes because he did not want them disclosed in any subsequent legal process.

Father Lucas said that was a reasonable comment.

Father Brian Lucas says he cannot remember priest admitting abuse to him

Father Lucas said he cannot remember Denis McAlinden admitting the abuse to him in 1993 but acknowledges evidence at the Commission points to that.

He said he would never betray the trust of a victim after they told him they did not want police informed about the allegations.

Under questioning by Counsel Assisting the Commission, Father Lucas agreed he was willing to risk prison or felony for failing to report a criminal offence.

He said it is his view a victim not wanting to go to police is a lawful excuse not to inform authorities.

Father Lucas says paedophile priests would never confess to child sexual abuse if notes were taken during interviews.

He told the inquiry he had a special role in the 1990s to seduce paedophile priests to resign.

Father Lucas said more than 10 priests, out of around 35, admitted to the allegations against them.

He said in his experience, if he was taking notes during those meetings, the priests would not have said anything.

Father Brian Lucas rejected claims by Counsel Assisting the Commission that it would have been valuable to write the confession down and then take it to the bishop.

Father Lucas said a priest has a right to silence and keeping a permanent record was a constant dilemma for him.

He also said he did not make notes because in fairness the accused should be shown them to ensure accuracy.

He added they would not be admissible in court anyway because of the person's right to silence.

The inquiry continues.