CHAIN THE DOGMA

PARENTS of children who were allegedly raped and molested by a Toowoomba Catholic primary school teacher are lining up with lawsuits against the church.

The parents of another two children have initiated legal action against the church, bringing the total to five.

Damian Scattini, of law firm Slater and Gordon, is representing the five families in separate civil claims against the Corporation of the Roman Catholic Diocese of Toowoomba, the entity responsible for the school.

Mr Scattini said it was the families’ right to “call the church to account”.

“People are thinking about things and realising that it’s pretty poor behaviour from the church.”

Mr Scattini said he received instructions from one of the families just before Christmas and the other family had contacted him this week.

The other three families launched their civil claims in early December, 2009.

Mr Scattini said he wasn’t surprised more families were coming forward.

“The facts are pretty clear and it’s a very sad case, but it seems the only way the church will learn is if people are strong enough to call them on it (alleged abuse).”

Mr Scattini said his firm would deliver the two new notices of claim to the church this week and next.

The church had provided to them all the documents they were obliged to in the context of the lawsuit.

“It will be determined one way or another this year.

“We’re aiming for a determination by June.”

Bishop William Morris yesterday said the victims and their families remained his highest priority.

“As I have said previously, it is not appropriate for me to comment on particular cases at this time.

“However, I understand and respect the rights of victims to pursue claims,” Bishop Morris said.

“My thoughts and prayers remain with all who have been affected by this tragedy.”

This article was found at:

http://www.thechronicle.com.au/story/2010/01/15/church-hit-with-lawsuit-barrage/

 *****************************************************************

ABC News - Australia January 14, 2010

More families bring suit against Catholic diocese

Six families are now suing the Toowoomba Catholic diocese over its handling of sex abuse allegations at a local school.

Three sets of parents launched legal action last month, and three more have now joined the civil suit.

The school cannot be named for legal reasons.

Lawyer Damian Scattini says the fact the former principal was found not guilty of failing to report allegations of abuse will not affect the claim.

"If you look at the 'not guilty' verdict, that has no bearing whatsoever," he said.

"We are pursuing the Church, not that individual.

"And it's clear that his finding of 'not guilty' was because he notified the Church of it, so we're holding the Church to account and that's as it should be."

NO-ONE will face further charges over the failure of the Catholic Education Office to report child sex abuse allegations to police.

This is despite Magistrate Haydn Stjernqvist’s scathing comments made during Tuesday’s court case in which a Toowoomba Catholic primary school principal was found not guilty of failing to report a student’s complaint that she was sexually assaulted by a teacher.

The principal, who cannot be named for legal reasons, became the first person in Australia to be charged under laws requiring the reporting to police of suspicions of sexual abuse by a school staff member.

Mr Stjernqvist slammed two investigations which cleared two Catholic Education Office managers of covering up the sexual abuse claims.

“It follows and is clear then that a person in the school or the school’s governing body has committed an offence and, in my view, no independent inquiry into the matter could possibly conclude otherwise,” he said.

Toowoomba Police District Detective Inspector Brett Schafferius yesterday said police could not lay further charges as a six-month time limit expired earlier this year under the Education (General Provisions) Act 2006.

“The initial investigation of this matter was comprehensive and examined the actions and inactions of all associated persons, not only those of the person who was charged,” Det. Insp. Schafferius said.

“At the end of the investigation, admissible evidence to the required standard existed only in relation to the principal.

“No further admissible evidence was obtained from the time of charging the principal until the time limit for police action expired.

“As the time limit has expired, any further evidence becoming available either during the principal’s trial or from any other source is irrelevant.”

During the court case, Mr Stjernqvist said the principal was required to report the nine-year-old girl’s allegations only to Catholic Education.

He reported the serious allegations and received advice from his superiors Christopher Fry and Ian Hunter in September, 2007.

Mr Stjernqvist said it was the duty of the person/s who received the report (Fry and Hunter) to give the report to police.

The allegations were kept secret for 14 months until another student made further sex abuse complaints to Toowoomba Police in November last year.

Mr Stjernqvist questioned the two investigations undertaken by the Non-State Schools Accreditation Board and a Brisbane legal firm hired by Catholic Education.

The investigation findings were handed down in September and cleared both Mr Fry and Mr Hunter of covering up the sexual abuse of the girl.

They were removed from handling student protection issues, but kept their jobs.

Mr Stjernqvist noted that the failure of the Catholic Education Office to pass on reports of sexual abuse to police was a practise the government had sought to eliminate in the amendment to the Education Act in 2003.

The accused teacher, 60, is charged with 12 counts of rape and 34 counts of indecent treatment of children which relates to 13 complainant students at the school.

He is currently in custody and will reappear in court on March 25 next year for an ex-officio mention.

Bishop of the Diocese of Toowoomba William Morris said on Tuesday that he would be thoroughly considering the implications of the court decision clearing the Catholic school principal of wrong-doing.

Catholic Education Office refused to comment when or if the accused principal would be reinstated.