Canberra priest standing trial on alleged offences

Broken Rites
March 25, 2015

http://brokenrites.org.au/drupal/node/259

A Canberra priest (Father Edward Evans, aged 85) began facing a trial in the Australian Capital Territory Supreme Court on 25 March 2015. He is charged with alleged offences against a child in the 1990s. Father Evans is based in Canberra, where he has been acting as a chaplain to the German-speaking community. Among other duties, Father Evans has been associated with St Patrick's Catholic Church in Braddon (Canberra), where German-language Masses have been conducted on Sundays.

Fr Evans was interviewed by police in 2013 and was charged with three acts of indecency between 1994 and 1997. He was accused of indecently touching a girl three times, twice when she was between 11 and 12, and a third time when she was 13. He has pleaded not guilty to the allegations.

Father Edward Evans appeared in the Magistrates Court of the Australian Capital Territory for the first time on 7 June 2013, when the charges were officially filed. The court heard that he had surrendered his passports to police. He was released on bail pending his subsequent court proceedings. Meanwhile, the police investigation was continuing, with the possibility of additional charges being laid.

The case came up for mention in the same court on 3 October 2013. The prosecution sought to have the matter committed for trial in the ACT Supreme Court, arguing that the additional charges, when laid, would require the matter go before a judge, rather than a magistrate.

But Father Evans' lawyer said that the defence had received no information on the fresh allegations and that therefore the hearing should remain in the Magistrates Court.

The court heard that 17 witnesses would be called during the proposed four-day hearing, including a former bishop.

Chief Magistrate Lorraine Walker listed the matter for hearing in the Magistrates Court in early 2014 but she told the prosecutors that they could re-apply to transfer the case to the Supreme Court if the foreshadowed charges were laid. Father Evans’ bail was continued.

On 10 January 2014, the court was told that Father Evans was expected to be charged with a further four offences, including sexual intercourse with a child, when he next appears before the same court in 2014.

The original charges against Father Evans relate to his alleged abuse of the girl at his Canberra home three times, twice when she was 11 or 12, and a third time when she was 13.

According to court documents, the additional charges arise out of the same facts and relate to the same girl.

The Magistrates Court decided to put the matter down for mention in 2014, with time set aside in case it needed to be a committal hearing. The additional charges would allow the prosecution to re-attempt to have the case committed for trial before a jury in the ACT Supreme Court.

On 3 March 2014, Father Evans appeared before the ACT Magistrates Court again, charged with four additional offences. His lawyers asked the magistrates court to conduct a full committal hearing - so they could cross-examine prosecution witnesses - before sending the matter to the ACT Supreme Court.

But Chief Magistrate Lorraine Walker rejected the application, finding it would not be in the interest of justice. Ms Walker said the cross-examination of witnesses would be best conducted before a jury.

Ms Walker continued Father Evans’ bail and committed him to stand trial in the ACT Supreme Court on seven charges, including committing acts of indecency and sexual intercourse with a child.

The trial began on 25 March 2015.

Broken Rites has checked the 2013 edition of the annual Australian Catholic Directory. This says (on page 211, in the chapter for the Canberra-Goulburn archdiocese) that Fr Edward Evans is a chaplain to the German-speaking community.

After the June 2013 court hearing, the website of the Canberra-Goulburn Archdiocese quoted a statement by the Archdiocesan Administrator (Monsignor John Woods) as saying that Fr  Edward Evans was a priest of the Augsburg Diocese in Germany.

"With the agreement of the Archdiocese of Canberra and Goulburn and under the auspices of Catholic Pastoral Services to Germans living overseas, he has been chaplain to the German community [in Canberra] since 1993," Monsignor Woods said.