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Church facing record payout over sex abuse

14 Nov, 2009 04:00 AM
VICTIMS of Maitland-Newcastle pedophile priest John Denham took the first steps this week in what could be Australia's biggest compensation payout by the Catholic Church to child sex abuse victims.

Some victims have sought a meeting with Maitland-Newcastle Bishop Michael Malone, one month before Denham is sentenced for child sex offences from 1968 to 1986.

The Denham case could produce a total payout greater than the previous known highest Australian payout of $6 million, paid to nine victims of Maitland-Newcastle pedophile priest Vince Ryan.

But it is extremely unlikely to top the known highest individual Australian payout of $2 million, paid by Maitland-Newcastle diocese to a Ryan victim because of the catastrophic impact of the priest's offending.

Solicitors said this week the Denham matter could be Australia's biggest compensation case because there were 39 victims, and because of the successful prosecution of former Vicar-General Tom Brennan in March.

Brennan was convicted of knowingly making a false knowingly making a false written statement.

Newcastle solicitor Kate Maher, of Braye Cragg, who acted for a number of the Ryan victims, said evidence that Brennan didn't act after he was repeatedly told of Denham's offending was similar to the failed duty of care issue raised in the Ryan case.

Evidence that the late Monsignor Patrick Cotter knew of Ryan's sexual abuse and "decided to say nothing" was significant because of the breach of Cotter's duty of care to the children, she said.

Brennan's conviction is believed to be the first successful Australian prosecution of a priest linked to failing to act over another priest's offending, Ms Maher said.

But the impact of another church sexual abuse case that went to the High Court in 2007 remained a "significant hurdle", some solicitors and barristers contacted by The Herald this week said.

Solicitor and sexual abuse victim John Ellis lost his case against the Archdiocese of Sydney, and was ordered to pay the church's $750,000 legal bill, after the High Court refused an appeal to challenge the church case that there was no one to sue because of its internal structure.

What has become known as the Ellis defence outraged the Australian Lawyers Alliance, which called for legislative changes at its NSW conference in March this year to "hold the Catholic Church accountable for its pedophiles".

The unique circumstances of the Denham compensation case will keep the spotlight on Maitland-Newcastle diocese over the coming months, lawyers' groups and victims' rights groups said.

"I think [Maitland-Newcastle Bishop] Michael Malone will have a lot of eyes watching him on this," Newcastle solicitor Nick Dan, who represented some Ryan victims and some victims of pedophile priest Jim Fletcher, said.

In a statement on Thursday, Bishop Malone declined to answer specific questions about compensation and whether the handling of the case remained within the diocese.

"Like any other organisation, I consult with a team of professionals on any number of matters and that requires us to have risk management plans and strategies to deal with issues as they arise," he said.

People "seeking some response from the church" were "invited to access the church's Towards Healing process", he said.

Ms Maher said there were significant concerns about Towards Healing.

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No wonder the churches are having a hard time trying to get families to be members of their local religion congregations why would any parent trust in their local diocese when there is more cases going to court where priests have sexually interfered with children the community would be better of if every church in the country was raised to the ground in ashes, families would be better to teach the bible to their children in the safe confines of their home instead of putting their trust in the church system send your Children to Sunday school you might as well shake hands with satan himself.
Posted by Bronson, 14/11/2009 11:50:38 AM
Geeee...there are "significant concerns" everywhere. Now, what can we do to get the Roman Catholic Church "significantly concerned" for the abuse victims? Welllllllll good luck. In 300 years: In 300 years the RCC wil refer to these times as one in which the church was falsely and malignantly attacked by atheists, non-believers, government and enemies of Christianity. Against a massive effort to discredit the piety and chasteness of the clergy, the church and her followers fought a protracted battle against evil... eventually triumphing in the name of Jesus and to the greater glory of the church. MARK MY WORD history.
Posted by owlafaye, 14/11/2009 1:40:07 PM
GOOD!!!! If it takes all the assets of the Church.....If all we are left with is one Altar on which to offer the Holy Sacrifice of the Mass, it will be worth it. Did Our Crucified Lord OWN The Clothes He Wore? If you ask these men of the Catholic Church today...."What Would Jesus Do?" They Laugh In Your Face. The Blessed Hands of Our Lord are on the shoulders of the Victims...NOT The Perpetrators...Not Their Enabling Bishops or Popes.
Posted by victoriag, 14/11/2009 8:02:41 PM
We'll all have to put a bit more in the collection plates from now on every Sunday...
Posted by Den Isles, 15/11/2009 12:17:21 PM
I am sure John Denham entered the Priesthood with the best of motives. How this went wrong is the big question? What ongoing support did he have? What support will celibate men receive in the future?
Posted by bill, 15/11/2009 10:15:51 PM
If you have never made a mistake then you can throw the first stone. there wont be many lining up to throw the first stone. If they do they will be hipocrites.
Posted by Jimbob, 16/11/2009 11:45:05 AM
As a young practising Catholic, I do feel sorry for the victims of these vile men but I feel more sorry for the priests who put the lust of power and ambition before their God and kept silent for so many. The Diocese can claim they are "trying to do the right thing" but behind the political talk the whole system from the top to the schools are pretty screwed up. Bishop, you were elected to led so from one of the few young people who has a clue of what is going on, stop talking and start acting....
Posted by Hope, 16/11/2009 10:46:18 PM
eulalia, this is a highly inapropriate comment. It is the Truth that sets us free! The truth is ugly in this case, and it makes me sick and ashamed as a Catholic!
Posted by PeterM, 17/11/2009 8:10:35 AM
What about the other side of the coin?! What about innocent men falsely accused of paedophilia by unscrupulous, nasty liars and slanderers spreading unfounded malicious rumours within communities ?! Because that also is happening here right now. Hey, Bishop ! Tell the extortionists to go to Hell. Give them nothing. Jesus rules.
Posted by Swanseabreeze, 17/11/2009 10:07:29 PM
Its one thing for the perpetrators to commit this hideous crime on children and another for the church to assist in hiding the fact and relocating the perpetrators on fresh unaware victims. Pedophilia is not a mistake but in the category of the worst of crimes against defenseless children
Posted by Progressive Thinker, 18/11/2009 11:36:35 AM
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