Child sexual abuse royal commission: O'Callaghan advised abuse victims on strength of cases

By Peta Carlyon
Yahoo! News
August 20, 2014

https://sg.news.yahoo.com/child-sexual-abuse-royal-commission-044235064.html

The man in charge of the Catholic Church's so-called Melbourne Response to allegations of child abuse has rejected suggestions he failed to encourage victims to go to police.

Peter O'Callaghan QC has been dealing with complainants and deciding whether they are eligible for compensation since the scheme began in 1996.

He was repeatedly questioned about the legal integrity of his decision-making at today's hearing of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Mr O'Callaghan has been a Queen's Counsel for 40 years and said the Melbourne Response was based in canon law and "natural justice".

He said when there was a dispute with a claim he would take on a role similar to a magistrate in a criminal case.

He was again asked repeatedly why he did not report cases of abuse to Victoria Police and why he took it upon himself to advise victims on the potential strength of their cases.

The case of Paul Hersbach, who was abused by the priest who also abused his father, uncle and brother was raised.

Mr O'Callaghan told Mr Hersbach his memory appeared to be hazy and "there would not appear to be much point in taking the matter to the police... however, that is a matter for you".

Mr O'Callaghan also acknowledged he had not asked the priest about the allegations.

He defended his approach and told the commission if he "held a reasonable opinion that they may have difficulty sustaining that approach to the police", he "thought it appropriate" to let them know.

"I want to reject any perception that I have, at any stage, sought to discourage people from going to the police," Mr O'Callaghan said.

"I certainly have the desire that child abusers are brought to justice."

Yesterday he told the commission he had made more than 330 adverse findings against priests within the Melbourne archdiocese since the complaint's procedure began.

The church has paid out more than $17 million to abuse victims through the scheme.

But victims were told if they chose to go to police, they were no longer eligible for compensation.

Richard Leder, who has been the church's lawyer since 1992, took the stand next.

He is a partner of Melbourne law firm Corrs Chambers Westgarth, which has represented the Catholic Church for 50 years.

Mr Leder designed the Melbourne Response with Archbishop George Pell in 1996.

He told the commission about how he began defending the church and the Melbourne archdiocese against claims of abuse from 1992.

"The view was taken that defendants did not have legal responsibility for the illegal acts of priests," he said.

Mr Leder said that view extended to a program that provided counselling services to victims.

"At the time, even this involved controversy as there was concern that providing counselling services may be taken to be some form of tacit admission of liability," he said.

Mr Leder said he believed it was a commonly held view of parishioners and figures in the church that they "did not put money in the plate each Sunday in order to pay for the criminal acts of priests".

He also gave his understanding of the nature of the offences complained of by victims.

"It's the nature of paedophilia that if a paedophile is attracted to one child it's entirely probable that they will be indiscriminate," Mr Leder said.

Mr Leder also acknowledged the Melbourne Response's current cap of $75,000 could be perceived as not being adequate for the pain and suffering caused to victims.

"As things stand today it is clear that for some victims the ability to receive only up to $75,000 in lump sum compensation indicates that the compensation of the Melbourne Response is not achieving the objective that was set out," he said.

"It was set out to achieve in terms of delivering a recognition - a financial recognition of the harm, and I'm absolutely supportive of the commitments that the Archbishop (Denis Hart) has made to review the matter."