Press release issued 29th July 2008 by Alan Collins of Dyer Burdett & Co.
Over the last two years former residents of the Children’s Cottage Homes at Cosham, and other children who were in the care of Portsmouth Corporation in the 1950’s and 60’s who alleged that they were abused have campaigned for justice. They have now received undisclosed damages following negotiations between their solicitor Alan Collins a director and solicitor-advocate with Dyer Burdett & Co and the
31.7.08
02392492472
BBC Interview with Lenny Harper
It is staggering that Lenny Harper and his colleagues both on
In representing my clients I shall be continuing to observe the investigation with interest.
Alan Collins
I have posed the question in previous blogs: is an apology enough?
I ask the question again in the light of the Pope’s apology for the sexual abuse committed by catholic priests. On the eve of his visit to Australia the Pope is reported as saying the Catholic Church must “Consider what was insufficient in our behaviour and how we can prevent, heal, reconcile”, and that “Being a priest is inconsistent with sexual abuse. This behaviour contradicts holiness”.
Broken Rites the campaign victims’ organisation is saying that an apology is not enough.
In The Australian (14th July 2008) it is reported that Broken Rites spokeswoman Chris MacIsaac said the comments so far represented nothing more than a “continuation of the Catholic Church’s age-old cover-up”.
“It’s really just sounding like a general expression of regret, whereas we want to see the Pope apologise directly to some of the victims, who should be given a chance to speak to him,” Ms MacIsaac said.
“A lot of victims feel abused twice, first as a result of the sex abuse itself, then because of the cover-up, and we think the Pope should address that as well.
“He must also tell his Australian bishops to stop blocking victims’ access to justice in the civil courts.”
The experience of victims I have represented is echoed here. The Catholic Church has fought claims brought against it on the basis that they are “time barred”, relying on law that was enacted when no one had contemplated victims of childhood abuse coming forward and bringing cases. Unsurprisingly such “defences” stick in the gullet being devoid of any sense of justice or recognition of the abuse. I quite understand why in these circumstances an apology is not enough.
For further details of The Australian report see its website: www.theaustralian.news.com.au
Broken Rites have a website at: http://brokenrites.alphalink.com.au/
Alan Collins
023 92492 472
For thse who occasionally visit my blog here is an update, from my perspective, on the Haut de la Garenne case.
The police are still continuing to investigate the allegations of abuse, and it is my hunch that their enquiries will continue for many months. Three men have been charged. Some media reports advised that one of them had pleaded guilty at the first hearing, but no more have been said in that regard.
My own enquiries in conjuction with my colleagues at Ozannes continue.
The Bailiff’s Liberation Day speech (see BBC News website for extract) was widely reported and drew comment on his Haut de la Garenne observations. There are too many victims and too many tragic stories which prevent the genie being put back in to the bottle. If the victims’ accounts are true then there is a great injustice that needs to be put right, and the media coverage has probably done immesurable good to that end.
An interesting Australian oranisation is Broken Rites which helps victims of church-related sexual abuse. The sexual abuse may have occurred in parishes, church schools, church youth clubs or church-affiliated children’s homes. The offenders may be priests, ministers, religious brothers, church-school teachers, lay officials or other church personnel. Broken Rites can advise victims about obtaining justice.Their website will be found at:
http://brokenrites.alphalink.com.au/
My advice is always seek legal advice from a solicitor and preferably one experienced in this type of case before committing yourself to any action or inaction.
I act for a client who says that he was sexually abused by a member of the school staff. If you were a pupil at William Henry Smith school, or worked there in the 1970’s could you please contact me in confidence.
Alan Collins
02392492472
According to a report in the Sydney Morning Herald (27th June 2008) the private psychiatric clinic established by the catholic church in Australia for the treatment and assessment of clergy who admit to being abusers is to close. According to the article, Encompass Australasia who run it claims there is insufficient demand for the clinic’s services.Is this good news in that clergy abuse is on the wane, or is it bad news in that this, in what must be accepted to be, deep seated problem is still not being adequately addressed?For more on this story I suggest you log on to the Herald’s website: www.smh.com.au
Alan Collins
023 92492 472
Foillowing on from the above I see reported in the Australian media (10th July 2008) allegations of a cover-up on the part of the Catholic Church:
The Catholic Archbishop of Sydney, Cardinal George Pell, has referred rape allegations against former priest Terence Goodall to an independent panel.
Cardinal Pell has re-opened investigations into Father Goodall after phone taps recorded the convicted priest saying a sexual encounter with his adult victim Anthony Jones was not consensual, as he first claimed.
In 2003, Cardinal George Pell dismissed a sex abuse complaint against Father Goodall, because he gave weight to the priest’s claim the encounter was consensual.
Cardinal Pell dismissed Anthony Jones’ complaint despite Mr Jones’ protestations to the contrary.
However, in 2003 police phone transcripts - played on ABC Television Father Goodall admitted to Mr Jones that the encounter was not consensual.
The reports say Mr Jones, now 54, was sexually abused by Father Goodall in 1982 and informed the church about it 20 years later.
In 2005, Father Goodall was convicted of indecently assaulting Mr Jones after pleading guilty to the charges, but served no time in prison.
Dr Pell has now referred the rape allegations to an independent panel. The Catholic Church said:
“Although the complaints of Mr Anthony Jones have been dealt with by the Church, the criminal court and the civil court, out of consideration for Mr Jones, Cardinal George Pell has formally referred the matters raised this week to an independent consultative panel established under Towards Healing protocols”
“The panel, which is chaired by retired NSW Supreme Court judge Bill Priestley QC, has been asked to advise Cardinal Pell on the options open to him.
“It consists of prominent lay people from the fields of law, business, and psychiatry, as well as a senior priest.”
The panel would report back as soon as possible, the church said.
Cardinal Pell has become embroiled in the Goodall sex abuse scandal just days before Pope Benedict XVI arrives in the country for World Youth Day.
Letters obtained by the ABC and aired on Monday showed Cardinal Pell told Mr Jones that his complaint could not be upheld because the church was not aware of any other complaints against the priest.
But another letter showed Cardinal Pell was aware of a second allegation of sexual abuse against Father Goodall.
It was also revealed that an internal church report found Father Goodall had had sexual encounters with a 16-year-old female, as well as Mr Jones and the other young male complainant.
Cardinal Pell earlier this week said he got his decision wrong and had expressed himself poorly in the letter to Mr Jones.
For more on this report I suggest you visit The Australian’s website: www.theaustralian.news.com.au/
or The Age at: www.theage.com.au/
It is reported in the West Australian newspaper (thewest.com.au) that clergy abuse victims seeking redress for the harm they have suffered are protesting by way of a vigil outside Melbourne’s catholic cathedral. They want the “church” the report says to enter into dialogue: “Victim’s groups are united in their resolve to hold restorative discussions and conferences with the Melbourne Catholic hierarchy to this end”.
The vigil coincides with the Pope’s visit to Australia for “World Youth Day”. As discussed in a previous blog article the Pope is supposedly intent in repairing the enormous damage caused by clergy abuse, but how in reality this is to be brought about remains to be seen. In my experience victims are still confronted with closed doors and tightly bolted ones at that.
I am of the opinion that there is much to be said for victim power. It takes in my view a certain bravery to go public and protest, and by doing so it makes it much for difficult for the powers that be to ignore the victims’ claims, which in my experience is often the usual response. As that classic Patti Smith song goes: “The people have the power“…
Alan Collins
02392 492472
