Royal Commission: Email Had Tried to Pin Blame on John Ellis

By Catherine Armitage
Brisbane Times
March 21, 2014

http://www.brisbanetimes.com.au/national/royal-commission-email-had-tried-to-pin-blame-on-john-ellis-20140320-355t5.html

Church disputed truth of allegations: Abuse victim John Ellis. Photo: Kate Geraghty

An email sent by the Catholic Church's solicitor to its barristers suggested sex abuse victim John Ellis, as a boy of 14 or 15, used to "force himself" on the ageing priest who was sexually abusing him.

The email was sent during the court case in which Mr Ellis sought damages for abuse, which began when he was a 13-year-old altar boy at the hands of Father Aidan Duggan at the Sydney Archdiocese's Bass Hill parish.

Tendered in evidence at the royal commission on child sex abuse, the email promises the barristers they will be "greeted with open arms at the Pearly Gates".

Solicitor John Dalzell is now a partner at Gadens Lawyers but was then a senior associate at Corrs Chambers Westgarth, which was being instructed by Cardinal George Pell, who was a defendant.

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The commission has been trying to establish who was responsible for the church's conduct in the case, which not only left Mr Ellis a broken man, but also insulated the church against claims from other future victims.

At court, the church had disputed whether the abuse had even occurred. Mr Ellis was cross-examined vigorously for four days, with his character and credibility being challenged.

Mr Dalzell said he had been acting on instructions in putting the fact of the abuse in dispute at court. He said he could not remember whether he had informed his client when two people came forward during the litigation with stories that tended to support Mr Ellis' story. He did tell the senior counsel he had been instructing in the case, Stephen Rushton, SC.

His July 2005 email states that a woman, Judith Penton, had come forward "in support of Father Duggan". "Duggan was a regular house guest of this lady,'' it says. "On occasions, he brought Ellis with him (I know this bit doesn't look good). Apparently Ellis used to bash Duggan (who was in his 60s - Ellis was aged 14-15) and force himself upon the ageing priest! She recalls one time when Ellis grabbed Duggan and started to kiss him in front of her. She remembers Duggan pushing Ellis off!" the email says.

Royal commission chairman Justice Peter McClellan put it to Mr Dalzell that he knew the church had a "legally perfect" assessment from its own assessor concluding that Mr Ellis was telling the truth and that Mr Dalzell knew the church had other evidence that tended to support Mr Ellis' case.

Yet "you sat there while your counsel put in dispute whether or not Mr Ellis was telling the truth about having been abused, that is the position isn't it?"

"Yes," Mr Dalzell responded.

Mr Dalzell said he did not remember clearly how the decision to dispute the fact of the abuse came about, but "I do remember being instructed and that the defence was conducted according to those instructions".

Justice McClellan asked Mr Dalzell whether he understood he had an obligation not to mislead the court, and that saying he acted on instructions was no defence. Mr Dalzell said he did understand.

Cardinal Pell is due to give evidence on Monday.