Royal Commission Hears Former Principal Explain Failures to Stop Child Sexual Abuse

ABC News
February 18, 2014

http://www.abc.net.au/news/2014-02-18/royal-commission-hears-former-principal-explain/5268144?section=qld

[with audio]

The child abuse royal commission has heard from the former principal of a Toowoomba primary school where 13 girls were abused by their teacher. Terry Hayes says he knew he was dealing with serious allegations of sexual abuse but referred the matter to his superiors and not to police.

Transcript

MARK COLVIN: The child abuse royal commission today heard from the former principal of a Toowoomba primary school where a teacher abused 13 little girls.

The public hearing in Brisbane heard that the principal received a complaint from the father of a girl about how her teacher Gerard Byrnes had touched her in 2007.

The principal at the time, Terry Hayes, says he knew he was dealing with serious allegations of sexual abuse. But he referred the matter to his superiors and not to police.

The inquiry has also heard the girl was asked to re-enact the abuse with her father in front of the principal and another staff member.

Stephanie Smail reports.

STEPHANIE SMAIL: Terry Hayes is no stranger to the witness box. In 2009 he was on trial, accused of failing to refer allegations of child sexual abuse to police.

Today the former principal faced the royal commission and was forced to explain what he did and didn't do when the father of a grade-four girl came forward in 2007 with an allegation about one of his staffers, Gerard Byrnes.

TERRY HAYES: I wasn't trying to minimise anything. I'm the middle manager here.

STEPHANIE SMAIL: Terry Hayes said he believed the allegations were serious and they were backed up by two other staffers who had expressed concern about Gerard Byrnes giving lollies to children and having girls sitting on his knee.

Counsel assisting, Andrew Naylor, asked Mr Hayes about his response.

ANDREW NAYLOR: Had you then, at that time, had any knowledge about the concept of grooming?

TERRY HAYES: Yes, I had.

ANDREW NAYLOR: Is it fair to say that the behaviours that you've described were behaviours which indicated, perhaps, that Byrnes was involved in the grooming of children?

TERRY HAYES: Yes.

STEPHANIE SMAIL: The royal commission is examining how and why Gerard Byrnes was allowed to continue offending for a year after those first allegations were made and despite a raft of child protection policies being in place.

Terry Hayes told the commission he referred the matter to the Catholic Education Office, then organised a meeting with the father and his daughter.

Mr Hayes was pressed about why the girl was asked to re-enact the abuse using her father as a prop.

ANDREW NAYLOR: What was alleged by KH, among other things against Mr Byrnes, was that "he put his hand up our skirts". Did you have an expectation that, during the demonstration, KH would invite her father to put his hand up her skirt?

TERRY HAYES: The demonstration was to more authenticate what she was saying.

STEPHANIE SMAIL: Mr Hayes said officials from the Catholic Education Office told him to write a disciplinary letter to Byrnes.

He said he was also told to let Byrnes know a complaint had been made about him and that he was investigating.

ANDREW NAYLOR: You forecast to him that you'd received an allegation about him from the parent and you said, "I'm going to have a meeting with the parent and I just want to put you on notice that this is what's happening and I'm going to seek your response"?

TERRY HAYES: As advised by Mr Lyneham, yes.

ANDREW NAYLOR: To the best of your knowledge, nothing in the student protection and risk management kit made provision, required you as a staff member who had received a serious allegation of sexual abuse, to have that meeting at that time?

TERRY HAYES: No.

STEPHANIE SMAIL: Terry Hayes said he had doubts about Byrnes.

TERRY HAYES: I didn't enjoy the guy on staff. In fact, I had to make sure that, or hold myself back in dealing with the guy, that my bias of my personal opinion of him didn't come through in our professional relationships.

STEPHANIE SMAIL: Despite those concerns, Byrnes kept his title as child protection officer at the school.

Mr Hayes admits that was an error of judgment.

ANDREW NAYLOR: Did you not think that Mr Byrnes may form some kind of risk in relation to students at the school and, if so, what steps should be taken to minimise the risk?

TERRY HAYES: Yes, I did form that opinion and that's why I spoke with Cathy and Megan and Judy and put in a plan of monitoring and supervision of him as one of... as Judy said to me later on, "Terry, we did heaps and we saw nothing."

STEPHANIE SMAIL: Gerard Byrnes was found guilty of 44 offences of child sexual abuse and he remains in jail.

MARK COLVIN: Stephanie Smail.