Former Priest David Rapson to Face Evidence from Alleged Abuse Victims in New Trial

By Mark Russell
The Age
September 11, 2014

http://www.theage.com.au/victoria/former-priest-david-rapson-to-face-evidence-from-alleged-abuse-victims-in-new-trial-20140911-10ffr8.html

Former Catholic priest David Rapson's use of his office to allegedly abuse young boys was "a very significant common feature" in the case against him, according to the Court of Appeal.

"What is distinctive about his use of the office, apart from anything else, is that it was a location which embodied, and reinforced, his authority over the boys at the school," said Court of Appeal president Justice Chris Maxwell and Justices Geoffrey Nettle and David Beach on Thursday.

The appeal judges said evidence from two victims allegedly abused by Rapson in his office would be admissible at his new trial in the coming months.

The judges last month ordered Rapson's release after he had been jailed for a minimum 10 years.

A County Court jury had found Rapson, 61, guilty last year of abusing eight boys between the mid-1970s and 1990 but he appealed his conviction.

Handing down their reasons on Thursday for quashing Rapson's convictions, the appeal judges said Rapson had been a teacher at a secondary school when he allegedly committed sexual offences against the boys.

County Court judge Liz Gaynor had ruled that the evidence of each alleged victim was "cross-admissible" during Rapson's trial to prove a pattern of alleged offending.

But during the appeal, the Office of Public Prosecutions conceded that a Court of Appeal finding for a different case in June had set a precedent in relation to "cross-admissible" evidence which meant Rapson should have faced separate trials.

The OPP said that the evidence of two alleged victims during Rapson's trial last year should not have been allowed.

The Court of Appeal agreed and quashed Rapson's convictions on five counts of rape and eight of indecent assault.

He was released from custody on bail and will face a new trial in the County Court.

The appeal judges said on Thursday that before Rapson went on trial last year, his defence lawyer had argued the case should have been separated into eight different trials.

But Judge Gaynor rejected the application because in her view there were "many similarities between the allegations".

"Each complainant was a Catholic schoolboy, aged between 12 and possibly 17, and significantly younger than the accused," Judge Gaynor said in her ruling.

"Each was, by virtue of their religion, particularly vulnerable to the authority of a priest.

"In all cases bar those involving complainants B and C, the complainants were allegedly isolated by the accused in his bedroom or his office at the institution where he was residing.

"The accused (Rapson) allegedly used enticements in the charges involving: A (take him to the movies); D (computer games and items in a drawer); E (cigarettes and alcohol); F (computer games); G (alcohol); and H (a cigarette and alcohol)."

Judge Gaynor said Rapson had also allegedly drugged one victim's glass of lemonade and another victim's mug of Milo.

Rapson is expected to face trial in February, while the decision on how many trials he will face will be made by the new trial judge.