Church Tried to Strike Deals with Police to Withhold Abuse Evidence

The Australian
October 4, 2013

http://www.theaustralian.com.au/national-affairs/in-depth/call-for-church-to-exit-abuse-victims-process/story-fngburq5-1226732573041

THE Catholic Church tried to strike secret agreements with NSW Police a decade ago that would have allowed the organisation to break the law by withholding evidence of the actions of pedophile priests.

Documents released under Freedom of Information laws, obtained by NSW Greens MP David Shoebridge and reported on the ABC's Lateline last night, included clauses that would allow the provision of information regarding an offence "only if required to do so by court order".

This draft memorandum of understanding from 2003 was never signed by police, who advised the church it appeared to be "in direct conflict with the explicit legislative requirement of section 316 of the Crime Act 1900".

The then director of the professional standards office within the church told the ABC the organisation operated as if the MOU was signed and in effect. "The church assumed it was operational," Michael Salmon said in a statement.

"We were practising the provisions of the MOU and dealing with police under those provisions. We had an understanding from police it was approved. We had a line of communications with the police and all indications from the police were that the MOU was approved from their end."

A second MOU in 2004 was devised within NSW Police and included a veto power on evidence for accused pedophile priests. The Catholic Church's Truth, Justice and Healing Council chief executive Francis Sullivan told Lateline the documents appeared to be designed to deal with the "tension" between victims who told their stories to the church on condition of anonymity and the church which was obliged to inform the police.

"These are serious questions ... it is extraordinary there would be some veto power for accused priests," Mr Sullivan said.

Details of the MOU emerged as victims' advocates rejected proposed reform of the church's Towards Healing process for dealing with sexual abuse.

In its submission to the royal commission investigating institutional responses to child sexual abuse, released this week, the church's Truth, Justice and Healing Council foreshadowed changes including the appointment of independent commissioners who would determine payments to victims.

Broken Rites spokesman Wayne Chamley said yesterday the measures were inadequate and the church should instead dump Towards Healing and take legal steps to enable victims to successfully sue for compensation.

"They have had plenty of opportunity to get it right and it has never been right," Dr Chamley said. "The church has got to vacate the field. If they are genuine they will repeal all the obstacles that currently exist for people going to civil law."