By a Broken Rites researcher

• Article posted 1 July 2013

An Australian court has ordered a retired priest (in the Melbourne Catholic archdiocese) to stand trial on charges that he committed sexual offences against a 12-year-old boy more than 40 years ago. During these encounters, according to documents tendered in court, the priest allegedly required the boy to take part in Confession and allegedly ordered the boy not to tell anybody about what had happened. The alleged victim said he remained silent for 40 years before finally reporting his allegation to police.

In the early 1970s, according to court documents, the priest was a chaplain at an institution which then existed in a Melbourne inner-eastern suburb. The priest/chaplain was also doing some ministering in a nearby parish, where the family of the alleged victim lived. The boy's aunt knew the priest and this is how the boy came into contact with the priest. The boy was paid to do some odd jobs at the priest's house, where the incidents allegedly occurred.

The accused priest/chaplain appeared for a brief preliminary ("committal") procedure in the Melbourne Magistrates Court on 26 June 2013, accompanied by supporters.

The priest, who was aged in his mid-forties at the time of the alleged incidents, is now (in 2013) aged 87.

The priest was charged with one incident of buggery and two incidents of indecent assault. He pleaded Not Guilty to all charges.

At this preliminary stage of the court process, the court has prohibited publication of the priest's name. This order can be reviewed at a later stage in the court process.

The Victoria Police investigation was conducted by detectives from the Sexual Offences and Child-abuse Investigation Team (SOCIT) in Melbourne's eastern suburbs

In a police document, tendered in court, the alleged victim stated that the priest paid him some pocket money to do odd jobs around the priest's house on a Saturday morning. The jobs included weeding the garden, washing his car and sweeping paths.

"On about the third or fourth occasion when I finished my jobs he would sit me down on the couch in the lounge room and start talking to me about things that made me feel uncomfortable," the alleged victim stated.

He stated that, after these talks, the priest "would tell me to kneel beside his chair and face him, then take Confession."

He stated that the abuse happened several times before the final time he went to the priest's home to do odd jobs. He stated: "I don't remember even doing any work. (He) took me straight into his lounge room and sat me on the couch. From memory (he) was only wearing a dressing gown," he stated.

The alleged victim detailed to police how the priest allegedly "cuddled me and tried to kiss me on the lips. I kept trying to turn away...(he) wouldn't let me go.

"I remember being frozen with fear and was scared of what was happening".

The alleged victim stated that the priest then took him to a bedroom where the priest undressed the boy and abused him further.

The priest then made the boy take Confession again before ordering that "this event should never be talked about with anybody," it was alleged.

The alleged victim stated that he kept the incidents as a secret for many years.

The court arranged for the alleged victim (now aged 54) to appear, via closed circuit television, from a different room in the court building. He answered questions from the prosecutor and the defence lawyer. As usual in such committal proceedings, the court was closed to the public during this evidence, so as to protect the privacy of witnesses.

The court was told that the alleged victim first revealed the allegations when he and his wife were watching a documentary about Catholic priests. The wife told the court that the documentary made her husband angry and he then told her about the priest who had molested him.

The court was told that in October 2010 the victim's aunt died. The victim's sister contacted this priest, asking him to conduct the funeral of the aunt who had known the priest. When the victim heard about the proposed funeral arrangements, he said he would refuse to attend if this priest was there, because of what the priest had done to him,

The sister told the court that, after hearing about the alleged abuse, she contacted the priest and told him not to conduct the funeral or attend.

According to documents, the alleged victim became angry at himself after his aunt's funeral, for never reporting his allegations to police. After the funeral, he finally decided to contact the police. After being interviewed, he eventually made his signed police statement.

The priest told police that the victim's aunt had asked him to have a word with the boy about puberty, according to the transcript of his interview with police. He denied molesting the boy.

In court, Magistrate Ann Collins decided that there is sufficient evidence for the case to go to trial, to be conducted by a judge in the Victorian County Court. The priest was granted bail in the meantime.

A brief directions meeting was scheduled for the County Court on 16 July 2013, at which Judge Cannon would consider arrangements concerning the next step in the court process.

FOOTNOTE: Two days after the Magistrates Court hearing, the Melbourne Herald Sun published a comment from Melbourne retired priest Bob Maguire who said that he had known the accused priest since the 1960s. Father Maguire indicated that, in this court case between the alleged victim and the priest, he is supporting the priest.