Catholic Priest Terrence Millard Loses Appeal over Child Smack in Church

By Patrick Begley
Sydney Morning Herald
October 30, 2015

http://www.smh.com.au/nsw/catholic-priest-terrence-millard-loses-appeal-over-child-smack-in-church-20151030-gkmo45.html

Terrence Millard leaves Parramatta District Court in October. Photo: Daniel Munoz

A Sydney mother whose eight-year-old son was smacked by a priest in church says it was "disgusting" for the man to rely on a child discipline defence in his legal appeal.

Terrence John Millard, a former parish priest at Greenacre in Sydney's south-west, on Friday lost his fight against the common assault finding.

He denied hitting the boy at St John Vianney Catholic Church on September 11 last year.

Millard had been conducting a reconciliation rehearsal for children at the affiliated primary school when he noticed the boy lounging on a pew, giggling and distracting his classmates.

He says he took the boy by the shoulders in a reassuring way, guided him to the back of the church, stood him in front of the Stations of the Cross and asked him to reflect on his behaviour.

The boy gave a different account.

He said Millard had dragged him to the back of the church and said "Look at those pictures and pray to Jesus, naughty boy." The priest then hit him on the lower back with his knuckles, the boy said.

The teacher in charge of the class testified that Millard had not dragged the boy but did hit him. She reported the incident to the principal soon after.

Millard's lawyer, Greg Walsh, told the Parramatta District Court there were small but significant inconsistencies within the boy's evidence as well as contradictions between his testimony and the teacher's.

These related mainly to the positions of the boy and the priest.

But Judge Michael Bozic found these inconsistencies did not produce reasonable doubt in the Crown case.

"The prosecution's case, at its core, is supported by an independent witness," Judge Bozic said.

"I can, in the circumstances, comfortably rely upon [her evidence]."

Millard's lawyer had also argued that, if taking the boy by the shoulders amounted to assault, the priest could rely on the defence of lawful correction.

This allows for parents, or others acting in the place of parents, to use reasonable force as discipline.

But Judge Bozic found no evidence the priest had acted with that kind of authority.

The boy's mother, who was in court, said she was appalled by Millard's reliance on the lawful correction defence.

"I thought it was disgusting," she said. "I would never give anyone authority to intimidate my child."

She said the appeal dismissal was an "amazing" result after the legal fight and the incident itself, for which the boy had received counselling.

"It's been a nightmare for my son and for me," she said.

Outside court, Mr Walsh said the dismissal was a disappointing result for his client, who was a man of good character. No conviction was recorded but Millard has not returned to work as a priest.