Canberra priest's alleged abuse victim stayed silent for mother's sake, court told

By Henry Belot
Sydney Morning Herald
April 1, 2015

http://www.smh.com.au/act-news/canberra-priests-alleged-abuse-victim-stayed-silent-for-mothers-sake-court-told-20150401-1md0zr.html

Father Edward Evans, who is on trial for allegedly sexually abusing a young girl in Canberra.

A young girl allegedly molested by a former Catholic priest stayed quiet about her ordeal because she did not want to ruin her mother's faith, a court has heard.

Crown prosecutor Sara Gul, in her closing statement, said the girl was afraid of coming forward with allegations about a man her mother saw as "the representative of God".

But defence barrister Steven Whybrow told the court the woman's evidence was unreliable and inconsistent.

The submissions were heard as the ACT Supreme Court trial of Father Edward Evans, 85, entered its sixth day on Wednesday before Justice Richard Refshauge.

Father Evans has pleaded not guilty to charges of committing acts of indecency and sexual assault on the girl, who was aged between 10 and 13 at the time.

It is alleged he put his hands down the girl's pants to grab her bottom three times, and digitally penetrated in the kitchen of his Braddon home. 

He also allegedly touched her breast as they sat alone in a car outside a southside shopping centre, before pulling her on top of him into a straddling position. 

Father Evans was in his 60s at the time.

The family would sometimes attend his German-language masses in Braddon and most of the alleged abuse occurred at morning teas he hosted afterwards.

On Wednesday morning, Justice Refshauge directed the jury to find Father Evans not guilty of an additional count of sexual intercourse without consent, and the back-up charge of committing an act of indecency.

Mr Whybrow requested the acquittal on Tuesday afternoon after the alleged victim failed to outline the allegation while on the witness stand.

Father Evans still faces one charge of sexual intercourse without consent in relation to a similar incident in the kitchen.

In his closing submission, Mr Whybrow said the jury could not rely on evidence provided by the alleged victim because it was inconsistent.

"She wanted to rewrite history and project herself in a positive life," he told the jury.

Mr Whybrow said the woman had "a deep resentment and bitterness" for her family and their close association with Father Evans.

He suggested this resentment may be a motivation for her allegations of sexual abuse.

Mr Whybrow urged the jury to scrutinise the woman's evidence, including a concession her recollection of hearing Father Evans open a sliding door before molesting her was false.

"Just because he is a Catholic priest doesn't mean he is subjected to less evidence than anyone else," he said.

"This man's work is now going to be seen in the context of these allegations."

But Ms Gul said the woman's evidence was "as accurately and honestly described as possible" given the alleged assaults happened nearly 20 years ago.

She said the woman did not seek to flatter herself while giving evidence over "gruelling, confronting and emotional days" and did not pretend to be "Joan of Arc".

Ms Gul said the girl was afraid of coming forward about a man so close to her family.

During the trial, Father Evans admitted to the police he had touched the girl's bottom but said it had been an affectionate gesture and not sexual.

On Tuesday, jurors were played a police interview with Father Evans during which he said the contact had been a "sign of affection" and not sexual.

He told police he thought "she had forgiven me" and all had been "forgiven and forgotten".

Fathers Evans denied touching the girl's breasts and said he had tried to avoid her as he thought it "dangerous".

But Ms Gul told the jury Father Evans was "very affectionate" with children and had a tendency to act on his attraction to the young girl.

The jury are expected to begin deliberations on Thursday morning.