South Australian Magistrate Threw out Paedophile Charges, Royal Commission into Institutional Responses to Child Sexual Abuse Told
By Sally Brooks
POLICE had difficulty successfully prosecuting paedophiles almost two decades ago, with one case thrown out by a magistrate who was himself later charged with child sex offences, an inquiry has heard. Detective Senior Sergeant Walter Conte has told the Royal Commission into Institutional Responses to Child Sexual Abuse charges were laid against a paedophile following a raid in 1993 but the matter was dropped. “The charges for some reason were brought before the Adelaide Magistrates Court whereas they were originally set down for a committal hearing at the Holden Hill Magistrates Court,” he said. “I recall bringing along my witnesses, and essentially everything was thrown out by Magistrate (Richard) Brown, or perhaps there was no evidence tendered, or something like that.” Mr Brown was later charged with child sex offences and had to take leave while the matter progressed through the courts, with his lawyers arguing the boys he had sex with were over 17. He died from cancer soon after the charges were dropped in 2009. The paedophile who appeared before Mr Brown, part of a group of offenders, was ultimately successfully convicted in another court. Det Snr Sgt Conte appeared as a witness on the fourth day of the Royal Commission into Institutional Responses to Child Sexual Abuse. The inquiry is examining the handling of claims of child sexual abuse at St Ann’s Special School at Marion between 1985 and 1991 by the Catholic Church and South Australia Police. Counsel Assisting the Commission, Sophie David, asked Det Snr Sgt Conte about the extradition of paedophile Brian Perkins, who was also part of the same paedophile network and is the focus of the inquiry. Det Snr Sgt Conte agreed it was his view that an application for the extradition of Perkins, who had fled interstate, was based only a charge of possession of child pornography, not more serious charges. He told the Commission he formed this view based on his experiences at the time. “Other matters had been brought before the Adelaide Magistrates Court and we went as far as an oral committal with children who weren’t mentally disabled, and the matters were thrown out,” he said. Ms David also asked Det Snr Sgt Conte about a SA Police decision to shut down Operation Deny. The inquiry has heard the decision to end the operation was made by a very senior police detective at the time and caused anger among some detectives. Operation Deny — an investigation into a group of paedophiles — was initiated after a journalist gave police a wooden box full of film canisters which contained photos of naked children. Det Snr Sgt Conte said the decision to shut down Operation Deny didn’t greatly impact him, but he thought it was “unusual”. He said he assumed the reason for the decision was to do with resources, and there would be steps put in place to assess the investigation outcomes. Det Snr Sgt Conte was asked about a meeting in October 2001 at the Catholic Education Office, between police, parents, the professional standards group and the Public Advocate. Ms David asked him what he thought about the appropriateness of letting other parents of St Ann’s children know that Perkins was alleged to have engaged in sexual misconduct with a student. “I don’t know what my view was back then, other than thinking it was probably early. Unless there is a proper examination of the exhibits that we had and taking other steps, there probably would have been a step that you would take as a last resort,” he said. A parent of a child allegedly abused by Perkins told the commission on Monday she was shocked to find out in 2001 that her son may have been a victim of Perkins. The hearing continues this afternoon, with the former principal of St Ann’s, Claude Hamam, expected to give evidence.
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