Royal commission into child abuse hears ...

By Michael Madigan
Australian
February 18, 2014

http://www.theaustralian.com.au/news/royal-commission-into-child-abuse-hears-that-serial-child-abuser-gerard-byrnes-was-kept-on-teaching-staff-at-toowoomba-school/story-e6frg6n6-1226829886991

Predator Gerard Byrnes, convicted on 33 counts of indecent dealing with children under 12, was re-hired as a relief teacher by the Toowoomba school where the abuse had continued until his retirement. Source: Supplied

Catherine Long, former student protection officer at the Toowoomba school where Gerard Byrnes was employed, arrives to give evidence at the child abuse inquiry. Pictures: Jack Tran Source: Supplied

A QUEENSLAND Catholic school kept a serial child abuser on staff, disciplining him only with a letter and rehiring him a month after he retired.

The national child abuse inquiry was yesterday told the abuse escalated after the principal was first made aware of the behaviour and elected to handle the matter internally.

Thirteen girls were raped and molested by Gerard Vincent Byrnes before he was arrested.

Sitting in Brisbane for the first time yesterday, the inquiry heard how complaints were not investigated despite approved protocols in place for dealing with sexual abuse claims.

The events occurred within the last decade.

Royal commission chief executive Janette Dines labelled the case “confronting” because it was so recent and protocols did not protect the children from the attack.

“And in this case, the abuse not just continued, but escalated after the first complaints were made,” she said.

The school’s “student protection officer” and principal were told of the claims, but the abuse continued, the inquiry heard.

Even after Byrnes retired, the school, which cannot be named, rehired him as a relief teacher a month later, during which time Byrnes went on to commit a further three offences.

Byrnes was jailed for 10 years after pleading guilty to 33 counts of indecent dealing with children under 12, 10 counts of rape and one count of maintaining a sexual relationship with a child under 12.

The commission heard how the principal was made aware of the accusations when a victim’s dad spoke up.

The school disciplined Byrnes with a letter, the inquiry was told, to which Byrnes responded in writing, admitting he handed out sweets and hugged children, but had done no wrong.

The abuse continued until he retired.

Just one month later, the school re-employed Byrnes as a relief teacher.

The hearing was told a father blew the whistle after his daughter complained Byrnes was touching children inappropriately.

The father told the principal of the accusations and believed the matter would be dealt with.

It was a year later that a mother was approached by her molested daughter.

She went to the police the next day.

The commission yesterday heard from the parents of victims, who told how their lives had been affected.

A mother told the inquiry that after police swooped on the teacher, the Catholic Education Office and the school denied any prior knowledge of the abuse.

“I found out later, through media reports and court processes, that this was not even true – (the principal) was aware of complaints about Mr Byrnes for over a year but did not report them,’’ the mother told the inquiry by videolink. “A report should have been made to the police straight after the first complaint was made.

“If this had happened, (my daughter) and the other girls would not have been abused.’’

Another mother told the hearing how she saw her child began to change rapidly at the time of the offence, with a dull complexion, sunken eyes and loss of appetite.

The primary school girl would also often take off her clothes and shower when she arrived home from school.

“When I tried to talk to her or question her she would only reply, I am OK’’ the mother told the inquiry.

When the mother noticed her child had bruising and bleeding around the genitals she became concerned.

The girl said she had fallen over, but her mother did not believe her.

Her daughter told her the parents of another child had made a complaint children were being molested, but nothing was done.

The child asked: “What can the police do?’’

The child also told her mother she did not want to talk to the police because she was scared of the Catholic Church.

The hearing continues today.

STAFF MEMBER QUESTIONS LACK OF COURAGE OF ABUSED STUDENTS

ONE of the staff who was told of abuse complaints against Gerard Vincent Byrnes told the inquiry she did not understand why the victims “did not have the courage to come forward”.

Catherine Long, the student protection officer at the Toowoomba school, spent several hours in the dock yesterday, explaining why more was not done to investigate Byrnes when questions were raised about his behaviour years ago.

Ms Long suggested the victims could have done more to bring Byrnes to the notice of authorities.

“I don’t get that our children, with all of the student protection and everything else we have, didn’t have the courage to come forward,’’ she told the inquiry.

“They didn’t speak to us, the people they knew and trusted supposedly, they couldn’t talk to their parents, and you heard their mums today, they still haven’t spoken up.”

Ms Long said she took notes when the school principal was first told of Byrnes’ habit of putting his hand under girls’ shirts, and followed protocols set out in the school’s “Student Protection Risk Management Kit.”

But she admitted that when hearing the allegations against Byrnes she did not think of him as a pedophile, but as a teaching colleague.

“My mind went to the person in front of me and said: ‘I just don’t get that (the allegations)’,’’ she told the inquiry.

While the school and the Catholic Church had introduced far stricter protocols for dealing with sexual abuse since the 1990s, it was clear those protocols had failed in the Toowoomba matter, she said.

“Sadly – human nature – we fell down here perhaps, but we really did try and get the best advice we could,’’ Ms Long said.