Christian Brothers Told: ‘tough Out’ Legal Action against Abuse Victims

By Emily Moulton Perthnow
Perth Now
May 2, 2014

http://www.perthnow.com.au/news/christian-brothers-told-tough-out-legal-action-against-abuse-victims/story-fnhocwho-1226903458235

THE Christian Brothers viewed victims who sought compensation through the courts as “less worthy” than those who sought pastoral care, a national inquiry into the child sex abuse has heard.

And the law firm which acted on behalf of the Catholic order, Carroll and O’Dea, advised members to “tough” out the class action brought by Slater and Gordon by adopting a defensive strategy after it was forced to hand over a secret report which contained allegations of sexual abuse by brothers.

Yesterday, The Royal Commission into Institutional Responses to Child Sexual Abuse, which is looking at the experiences of former residents at four Christian Brothers homes in WA during the 1940s to 60s, heard the report, Reaping the Whirlwind, written by Brother Barry Coldrey named brothers accused of abusing children at the homes between 1920 to 1940.

Some of those brothers had been named by victims in the class action.

Howard Harrison, a partner at the firm who was involved in the negotiations, told the hearing today there was an awareness within the order of the abuse and a need to provide help.

But when pressed by Gail Furness, counsel assisting the commission, whether there was a differing view of those victims who joined the class action, he admitted there was.

“Look I think there was an apprehension — I think the brothers were grappling with the issue of compensation and money and there may have been an ill-informed categorisation around people seeking compensation in civil courts as being somehow not deserving. A misplaced prejudice,” he said on day two of his evidence.

Mr Harrison also admitted his firm advised the Christian Brothers to take a hard line approach in negotiations admitting that they refused to entertain any offer of settlement put forth by Slater and Gordon.

“We couldn’t roll over,” he said.

The hearing heard today that Slater and Gordon first asked for $30 million, then wrote to Carroll and O’Dea seeking $18m to $20m. The offers then dropped to $9.5m and eventually $7.5m.

Mr Harrison said the Christian Brothers first offer was $3m but went up to $5m.

He denied its first offer was to pay legal costs, but was then forced to admit he could have said that when questioned by Ms Furness.

Around 240 men joined the Slater and Gordon class action in 1993.

Following three years of legal bids, the Christian Brothers agreed to set up a trust to distribute funds to those in need. It would not directly compensate victims.

Around 55 men who suffered serious sexual abuse also received one off payments of between $25,000 to $10,000 each.

The hearing continues.