COIN Letter

COIN
COMMISSION OF INQUIRY NOW

Justice for victims of Catholic Clergy Sexual Assault in Victoria
3 April 2012 Dear Father,. By email Commission of Inquiry into Clergy Sexual Assault Letter for Parishioners Your parishioners will soon receive a letter from 6 Victorian Bishops urging them to oppose gay marriages. I write to ask you to read a copy of this letter to your parishioners. It deals with an issue which I believe is of more pressing urgency for your Church. The letter is as follows: I represent an organisation called COIN (Commission of Inquiry Now) which was established in February of this year to pressure the Victorian Government to set up a state based inquiry into allegations of sexual assault within the Catholic Church. Shortly after our group was established, the Cummins Report, Protecting Victorias Vulnerable Children was handed down with a recommendation to investigate the way religious organisations handle abuse complaints. Seven months ago, in August 2011, the Victorian Attorney General Robert Clarke received COINs proposed terms of reference for the holding of such an Inquiry into the Catholic Church (the Church) At that time, Robert Clarke advised that he wished to await the outcome of the Cummins Report before responding to these calls. Robert Clarke has now had the Cummins recommendations since February and we are yet to have a response from the Government. COIN believes that a state based inquiry into the Church is vital and points to the following matters: Since 1993, more than 65 Clergy who have served in Victoria have been convicted of offences against children Clergy have continued to serve in Victoria after the Church has had knowledge of them committing abuses; The Church has established internal systems to investigate claims of abuse by Clergy and to provide limited ex-gratia payments and assistance to the victims; The Catholic Archdiocese of Melbourne has acknowledged ex gratia payments to more than 300 victims involving an unknown number of priests. Numbers for the other dioceses and religious orders in Victoria, let alone Australia, are unknown; In civil claims against it, the Church relies on the Ellis defence. In this case, the NSW Court of Appeal ruled, essentially, that the Sydney Archdiocese could not be held liable in cases of historical sexual abuse, because there was no legal entity that could be sued. This means that the Church is in effect immune from suit in historical abuse claims. This defence is also now relied upon by the Church in Victoria; Allegations of abuse are dealt with internally by the Church and not always by the Police.
President: Secretary: COIN HQ:
Bryan Keon-Cohen AM QC: [email protected]; Mob: 0421172557 Kim Ross: [email protected]; Mob: 0421206875 [email protected] Ph: (03) 9240 1417 PO Box 25, Darling South, Vic, 3145
The Cummins report states: The investigation and prosecution of crimes is properly a matter for the State. Any private system of investigation and compensation which has the tendency, whether intentional or unintentional, to divert victims from recourse to the State, and to prevent abusers from being held responsible and punished by the State, is a system that should come under clear public scrutiny and consideration....... A private system of investigation and compensation, no matter how faithfully conducted, by definition cannot fulfil the responsibility of the State to investigation and prosecute crime. Crime is a public, not a private matter. (Volume 2, section 14.5) Over recent weeks, I and other members of COIN attempted to meet with Archbishop Dennis Hart to seek a co-operative approach between the Archdiocese and COIN. We suggested a joint approach to the Attorney General to seek an inquiry and law reform regarding defences raised by the Church in civil actions - such as the Ellis defence referred to above. The meeting was confirmed with the Archbishop but was then cancelled at short notice: the only explanation given was the Archbishops commitments. Instead we met with Monsignor Vicar General Craig Bennett, Archdiocese Business Manager Francis Moore and the Churchs legal representative, Richard Leder. Sadly there was no agreement from the Churchs representatives regarding COINs co-operative approach. Other senior Catholic Clergy, including Fr Tony Kerin (the Archbishops adviser on sexual abuse issues) and Fr Kevin Dillon have declared support for a Government led Inquiry. Fr Kerin is reported as saying that the sexual abuse issue within the Catholic Church is a crunch issue (The Age, 29/3/12). However, it seems that Archbishop Hart is more focussed on campaigning against Gay marriage than dealing with the crisis in his own organisation. Before the Church can ever again exert moral authority on any issue, it must deal with the weeping sore of clerical sexual abuse. I urge you and your parish to make your wishes clear to the Church hierarchy and to join the groundswell of support for a state based independent inquiry. I also attach for your attention a COIN volunteer/donation form for you to print and distribute to your parishioners. Thank you for your assistance, Yours Faithfully,
_______________________ Bryan Keon-Cohen AM QC

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COIN

COMMISSION OF INQUIRY NOW

President: Secretary: COIN HQ:

_______________________ Bryan Keon-Cohen AM QC

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