Child sex abuse royal commission: Ex-Knox Grammar headmaster Dr Ian Paterson did not commit crime in failing to assist police, inquiry hears

By Nicole Chettle
ABC News
August 11, 2015

http://www.abc.net.au/news/2015-08-10/no-crime-committed-child-sexual-abuse-inquiry-hears-knox-grammar/6684996

Former headmaster at Sydney's Knox Grammar, Ian Paterson, gave evidence at the Royal Commission into Institutional Responses to Child Sexual Abuse in March.

A long-serving former Knox Grammar School headmaster did not commit a crime by failing to assist police investigating teachers at the exclusive Sydney boys' school, the royal commission into child sexual abuse has heard.

The commission is looking at how the school responded to allegations of abuse by teachers between 1970 and 2009. Five teachers were later convicted of child sex offences.

During verbal submissions in Sydney on Monday the commission heard counsel assisting, David Lloyd, was seeking findings against Dr Ian Paterson, who was headmaster at Knox for 30 years.

The commission has the authority to refer alleged crimes to police.

A two-week hearing in February and March saw Dr Paterson admit that in 1996 he deliberately mislead a policewoman, Inspector Beth Cullen, who approached the school as part of Operation Paradox after an anonymous tip-off.

Dr Paterson's lawyer, Jim Harrowell, said Mr Lloyd was seeking findings against his client on sections of the NSW Crimes Act related to hindering an investigation, concealing a serious indictable offence and perverting the course of justice.

"I'm addressing my learned friend Mr Lloyd's submission that those findings are available if one accepts Dr Paterson really did mislead Inspector Cullen," Mr Harrowell said.

"Mr Lloyd says those findings are available. We say they're not.

"A person has not committed an offence simply by refusing to divulge information ... that finding can't be available as a finding in this royal commission."

Mr Harrowell asked: "What did Dr Paterson know when Inspector Cullen was there?"

"Firstly, in relation to [Barrie] Stewart he knew nothing," Mr Harrowell said, referring to a former teacher convicted of the indecent and sexual assault of seven students.

"He knew nothing about [Adrian] Nisbett committing an offence. The only two persons that he knew may have committed an offence in relation to the names put to him by Inspector Cullen was [Craig] Treloar and [Damien] Vance. That's all.

"How did he divert Inspector Cullen from her task in a way that may have perverted the course of justice? There's just not enough there."

Mr Harrowell defended his client and said Dr Paterson could not be described as a "reluctant or obstructive witness".

But he said the school did have issues with record keeping.

"Was Knox up to speed in those days on these issues? No," Mr Harrowell said.

"[That is] in contrast to the position of Knox today, where the evidence is overwhelming [that] Knox has really got on top of these issues, as best any institution can do.

"Because at the end of the day, whilst much of the focus is on these institutions, the institutions don't commit the sexual abuse of these children.

"It's people who come into their midst, unknown to the institution, who commit the abuse."

Mr Harrowell said there was also a problem at the school and in broader society whereby victims were reluctant to come forward.

"There still needs to be a lot of work done to make sure those who have been abused have a mechanism where they can feel comfortable to report the abuse," he said.

The current headmaster, Dr John Weeks, apologised to victims during the February hearing.

"To the men who were sexually abused as young boys, I want you to know this: 'You did nothing wrong, those teachers and resident masters did'," he said.