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New Zealand Royal Commission Reports |
Last Updated: 11 August 2023
Marked Souls
Te whakatewhatewhatanga o te Kāhui o ngā Parata o Hato Hoani o te Atua i te kura o Marylands me te Tarati o Hebron
The inquiry into the Order of the Brothers of St John of God at Marylands School and Hebron Trust
He Karakia
Kia hiwa ra, kia hiwa ra! Kia hiwa ra i tenei tuku, kia hiwa ra i tērā tuku, kei apurua koe ki te toto, whakapurua tonu, whakapurua tonu. O ihu o waka, tūruki, tūruki, paneke, paneke, haramai te toki a haumi e! Hui e!, Taiki e!
Mai i te pouri i uhia ki runga i tō ao, ka toro ake i roto i a koutou he kaha me te māia ki te hora i tōu māramatanga ki runga i ngā takakino ā tāngata kē i te urutapu o tō ao. Tahuri kau ana kō taua ao mō ake tonu atu.
Ka haere mai koutou he whakatau mauri, he whakaoranga i te kino, he kimihanga i te tika te whai. He putanga i te whakamā me ngā whakawaitanga o ngā hara nā te hunga e tika kē ana hei kaitiaki mō koutou, hei āhuru mōwai, hei tūārai mou i nga raru o te ao. Ēngari ka whiua kē taua hunga ko taua mana hei taunu me te tūkino i a koutou.
Ko tō pono ka āta puritia e mātou, ko tō māia hei pou herenga i ā mātou, ko te tika kia rangona tō reo ka noho tapu tonu i a mātou.
Mā tēnei karakia ka whai mātou kia oti kō te tika, kia tau kō tō mauri, ka īnoi hoki kia tiaho tonu ko te tōmairangi o te ringa atawhai o te wāhi ngaro ki runga i ā koutou, inaianei, ā ake tonu atu.
Kia tau te mauri, ko te mauri kia tau, kua tau te mauri.
Let your soul's light, shimmer and shine from within, and radiate from
without. Lest the essence of your being is subdued and suppressed.
Be like the
scything prow of the canoe, meet the strain and move forward! Embracing all,
having purpose, being whole again.
From the depths of darkness, you who have
found strength and resolve to shed your light upon the evil that men did
violating your
innocence. And inasmuch they changed the course of your lives
forever.
And so, you came seeking solace, redemption, and justice. A
chance to unburden the shame and guilt perpetrated by those charged with
your
care, safety, and protection, who instead used that power and authority to abuse
you.
Your truth we are challenged to uphold, your courage we are bound
to honor and your right to be heard we receive with privilege.
In prayer
we will seek to do right, to bring you comfort and to instill hope in things yet
to come, and in doing so ask that the unseen
hand of goodness let its perpetual
light shine upon you and give you strength, now and forever more.
Let calm prevail, let it settle, let it be.
Waihoroi Paraone Hōterene
Design explanation
We would like to acknowledge and give thanks to seven survivors who helped name and design this report. Their whakaaro stemmed from experiences they never should have had, with hope to be listened to and to be part of ending abuse in Aotearoa. Our hope is you feel listened to, supported and that we believed you.
Nei ra te mihi ki a koutou e ngā rangatira: Adam Powell, Hanz Freller, Justin Taia, Alan Nixon, Eddie Marriott, Darryl Smith and Steve Long.
The name Stolen Lives, Marked Souls was gifted by this group. The abuse of the church had stolen many lives and left enduring marks on the souls of many.
The group worked with illustrator, Chris Sands, to create imagery that reflects their experiences and connection.
The fern represents something growing again, renewing. The monarch butterfly is a meaningful symbol for the group and represents ‘their mark’.
The blue hue underlying the design was also suggested by the survivors.
The kowhaiwhai, which appears, in part, across all of our reports represents the sharing of experiences by survivors, the process of healing, the forming of relationships and the resilience and strength to move forward. The kowhaiwhai will come together, in a full circle, in our Final Report.
Pānui whakatūpato
Ka nui tā mātou tiaki me te hāpai ake i te mana o ngā purapura ora i māia rawa atua nei ki te whāriki i ā rātou kōrero ki konei. Kei te mōhio mātopu ka oho pea te mauri ētahi wāhanga o ngā kōrero nei e pā ana ki te tūkino, te whakatūroro me te pāmamae, ā, tērā pea ka tākirihia ngā tauwharewarenga o te ngākau tangata i te kaha o te tumeke. Ahakoa kāore pea tēnei urupare e tau pai ki te wairua o te tangata, e pai ana te rongo i te pouri. Heoi, mehemea ka whakataumaha tēnei i ētahi o tō whānau, me whakapā atu ki tō tākuta, ki tō ratongo Hauora rānei. Whakatetia ngā kōrero a ētahi, kia tau te mauri, tiakina te wairua, ā, kia māmā te ngākau.
Distressing content warning
We honour and uphold the dignity of survivors who have so bravely shared stories here. We acknowledge that some content contains explicit descriptions of tūkino – abuse, harm and trauma – and may evoke strong negative, emotional responses for readers. Although this response may be unpleasant and difficult to tolerate, it is also appropriate to feel upset. However, if you or someone in your circle needs support, please contact your GP or healthcare provider. Respect others’ truths, breathe deeply, take care of your spirit and be gentle with your heart.
He Mihi
I. E ngā purapura ora, e ngā mana, e ngā reo o ngā hau e whā, tēnā koutou, tēnā koutou, tēnā koutou katoa. Nei rā te reo o mihi ki a Ngāi Tūāhuriri, Kāi Tahu whānui hoki, tēnā koutou.
II. Ko te taitara o tēnei pūrongo mō ngā tūkinotanga me ngā whakahapatanga a te Rangapū Katorika o Ngā Parata o Hato Hoani o te Atua, ko “Stolen lives, Marked souls” i takohatia mai e ētahi purapura ora o te kura o Marylands, o te Tarati o Hebron me te whare whakapani o Hato Hōhepa. E whakaahua ana te taitara i ngā taumahatanga i pā kino nei ki ngā purapura ora nā runga i ō rātou wheako i ngā ringa o ngā parata i ēnei whakahaere. Tēnā koutou i tā koutou koha mai.
III. Ka nui te whakamānawa a te ngākau ki ngā tini purapura ora i tuari i ā rātou kōrero hautoa mō ngā tūkinotanga i pā kino nei ki a rātou me ngā taumahatanga i tau ki ō rātou ao, me ngā ao o ō rātou whānau. He tuatahitanga tēnei ki ētahi, te whāwhāki i ō rātou wheako. I kawe rātou i a rātou anō i runga i te kaha me te wairua whakaea me kore noa e tūpono ka kore rawa tēnei momo tūkino e pahawa i tētahi whakahaere hāhi, ā haere ake nei. Kei te mōhio mātou ki ngā uauatanga o te hoki anō ki te hahū ake i ō rātou wheako mō te ketuketunga/uinga, me ngā whakaaweawenga ki ō rātou hauora matawhaiaro. Tēnā koutou i haere whakamua mai.
IV. Ki ngā purapura ora o te Kura o Marylands, o te Tarati o Hebron me te Whare Whakapani o Hato Hōhepa kāore i haere whakamua mai ahakoa rā ngā take, tae atu rā ki ngā ārei whakawhitiwhiti kōrero, e rere atu nei te aroha me te whakaaro nui.
V. Ko te pōuri nui, he maha ngā pārurenga i whai wheako ki ngā tūkinotanga me ngā whakahapatanga i ēnei whakahaere, kua riro ki tua o te ārai. Ka kore rātou e warewaretia. Nei rā te mihi ki a rātou, ki ō rātou whānau me ērā i waha i ngā kōrero a ō rātou kurupounamu kua wehe ki te pō.
VI Ko Ken Clearwater me Male Survivors Aotearoa ngā pokowhiwhi kaha i tautoko i ngā purapura ora i kuraina ki te Kura o Marylands, ki te Tarati o Hebron me te Whare Whakapani o Hato Hōhepa, i tautoko hoki i ō rātou whānau, i mua tonu, ā, i te wā e haere ana tēnei ketuketunga. Ka mihia tā rātou i kōkiri ai me te tautoko hoki i ngā purapura ora i whakaputa kōrero mō tēnei ketuketunga.
VII. Ka mihi rā ki ngā kaiwhakaatu ‘whāki’: tētahi parata o mua o Hato Hoani o te Atua, tētahi kaitiaki i Marylands, tētahi kaiwhakarite hōtaka, ā, nāwai ka piki tūranga ki te kaiwhakahaere ki te Tarati o Hebron me Tākuta Michelle Mulvihill i mahitahi me ngā parata o Hato Hoani o te Atua i ngā tau 1990, ā, i hoatu taunakitanga i te whakawātanga tūmatawhānui o te ketuketunga. I whakakaha ake ngā taunakitanga a ēnei kaiwhakaatu i ngā whakatau mō tēnei pūrongo.
VIII. Ka mihi rā ki te purapura ora, ki a Darryl Smith, nōna ka takahi i te ara roa o te manatika ka whakaputa i a ia anō āna kōrero mō te nui o ngā tūkinotanga me ngā whakahapatanga i pā ki a ia i ngā ringa o ngā Parata o Hato Hoani o te Atua, ki Aotearoa Niu Tireni nei, me Ahitereiria hoki.
IX. Ka mihi rā a Cooper Legal i ā rātou mahi ki te āwhina i ngā purapura ora e pai ai tā rātou whai manatika mō ngā tūkino i pā ki a rātou mai i te Hāhi Katorika, i a Hato Hoani o te Atua, i Ngā Pirihimana o Aotearoa me ngā ratonga a te Kāwanatanga Whakawhanake Pāpori, me te Mātauranga.
X. Ka mihi rā te kōtuituinga tangata a ngā purapura ora me ngā kaihāpai, tae atu rā ki ‘Network of Survivors of Abuse in Faith-based Care; SNAP Aotearoa New Zealand (Survivors Network of those Abused by Priests); me te National Association of Adult Survivors of Child Abuse’.
XI. E whakamānawa atu nei i ngā kupu āwhina ki a mātou mai i tō mātou Pou Tikanga, me ngā karakia i takohatia ki te ketuketunga ka noho hei anga mō tēnei pūrongo . E hāngai pū ana ki te tikanga Māori, a, he whakaū i te kawenga o te kaupapa i runga i te tika.
XII. Ka mihi rā ngā kaiārahi me ngā rōpū tohutoro o te ketuketunga, tae atu rā ki a SAGE me Te Taumata, nā rātou mātou i āwhina me ā rātou kōrerorero, kupu āwhina, whakapae anō hoki.
XIII. Ka mihi ake ki te hunga whai pānga mai ki te ketuketunga i tautoko i a mātou ki te whakaputa i tēnei pūrongo : tō mātou hekeretari, tae atu rā ki ngā mātai aronga, ngā rōia, ngā kaupapa here, ngā rangahau, ngā pāohotanga, ngā tūhonohonotanga, ngā kōrero a ngā purapura ora, te tautoko mai a ngā pakihi, ngā ratonga tautoko, ngā tari whakahaere me ngā ringa hāpai. Ka rere anō hoki ngā mihi ki te rōpū ārahi i te ketuketunga me ngā mema o te paewhiri i āwhina i te taha ki te ture. Tēnā koutou i whakapeto ngoi ki te tautoko i ngā purapura ora me te whakatōpū i ngā pārongo me ngā taunakitanga i taea ai e mātou te kite mō te wā tuatahi te pikitia whānui o ngā āhuatanga i pahawa i te kura o Marylands me te Tarati o Hebron, me te mōhio hoki i ngā take i pēra ai.
Acknowledgments
|
Judge Coral Shaw
|
Ali’imuamua Sandra Alofivae, MNZM
|
|
Heamana
Chair
|
Kaikōmihana
Commissioner
|
|
Dr Andrew Erueti
|
Paul Gibson
|
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Kaikōmihana
Commissioner
|
Kaikōmihana
Commissioner
|
Ngā rārangi take
Contents
Whakarāpopototanga ripoata
Executive
Summary
The Catholic Church and medical professionals assumed that tamariki and rangatahi were safe and being cared for. The State appeared indifferent to the purpose of the school. Anxious parents were led to believe Marylands was an innovative educational facility and the brothers had expertise in educating disabled children. Police, the courts and other social agencies referred survivors to Hebron Trust, relying on its reputation for supporting young people and because of Brother McGrath’s perceived standing in the community.
In fact, the Christchurch community, parents, government, medical and other experts were groomed and deceived by the Order. The tamariki were not receiving a proper education and many brothers within the Order were raping, beating and severely neglecting the needs of those in their care. Often, survivors were not believed when they told people of the abuse. Seeing sexual abuse as ‘a sin’ and not a crime, bishops and leaders within the wider Catholic Church and the Order took steps to protect the reputation of the Order’s brothers when allegations of abuse were made.
Marylands School
Clinical psychologist Dr Michelle Mulvihill, who worked for the Order in Australia, said during the Royal Commission’s Marylands School hearing: “The Catholic Church in New Zealand engaged a group of untrained, religious strangers to educate children in need of care at Marylands. These men then used and abused their spiritual and physical power and dominance, destroyed the lives of children and then discarded them.”[1]
Nearby to Marylands School was St Joseph’s Orphanage, run by a different Catholic institution, the Sisters of Nazareth.[2] The Royal Commission has heard evidence from orphanage survivors that they too were abused by the Order’s brothers.
Although the State, including successive ministers of the Crown, supported the establishment and ongoing funding of the school for 30 years, its monitoring of the school, and the children and young people there, was grossly inadequate. When children did disclose abuse to police and social workers, they were not believed.
Marylands took in boys from throughout Aotearoa New Zealand including State wards and those with learning and behavioural needs.
The Order did not record whether boys were disabled, or their ethnicity, and did not adequately assess their needs. The school failed profoundly in its core task, to provide an education to many of the boys sent there. Children were often put to work in the laundry, kitchen and on the land rather than being taught in class. Their education or training was often completely neglected.
Of the 537 boys who attended Marylands School, more than one in five (118) reported abuse while in the school’s care. Survivors told the Inquiry that the brothers routinely raped, masturbated and indecently assaulted the young boys in their care. They forced boys to masturbate and perform oral sex on them. Abuse was so normalised, some boys abused one another. There were times when two or more brothers sexually abused a child at the same time or made the boys perform sexual acts on each other in front of the brothers. Sometimes this happened behind closed doors. At times, it was inflicted in plain sight of others as a punishment or threat. Children were threatened and physically beaten into complying with the wishes of the brothers and lived in constant fear.
As well as the physical violations, the brothers exploited religious beliefs and teachings to abuse, but also prevent disclosures from, the boys and young people as they feared retribution by God. Some brothers characterised the sexual abuse as spiritual cleansing, used religious language as justification for what they were doing or abused boys as part of religious activities. One survivor described being raped on the marble altar table. Another was told: “If you be a good little boy, you’ll get to heaven.”
The brothers, having arrived from Australia (noting that Brother McGrath was a New Zealander) had no knowledge of Aotearoa New Zealand culture or any education about te ao Māori, or about the cultural needs of any other groups. The Catholic Church and Bishop of Christchurch did not ensure the Order’s members recognised the relevance of te Tiriti o Waitangi when caring for tamariki and rangatahi Māori and did not provide care that was consistent with te Tiriti o Waitangi. Some brothers had racist and negative attitudes toward Māori students that they demonstrated overtly, including calling the boys ‘niggers’. They denigrated cultural practices and, in one instance, played on a Māori boy’s fear of death by showing him a dead body.
Amid so much physical violence and sexual abuse, life at Marylands was terrifying and unpredictable. Some boys witnessed violence that they believe may have led to the deaths of other boys. Sexually explicit behaviour and pornographic material was impossible to avoid. Boys talked about ending their lives. There was no escape. The boys were isolated, and their claims were not believed. Cruelty permeated the air.
Te Tarati o Hebron
Hebron Trust
Through Hebron Trust, the Order provided young people with temporary housing. Brother Bernard McGrath, one of the Order’s most prolific serial rapists,[3] was the sole brother responsible for the operations. He used his position at Marylands to rape, sexually and physically abuse many of the children. At Hebron Trust, he continued his prolific abuse of rangatahi, which escalated in scale and nature.
Brother McGrath was able to reach into all areas of the Christchurch community, unchecked and unquestioned, to target its young people, particularly rangatahi Māori at Hebron.
The full scale of Brother McGrath’s abuse will likely never be known. We do know that 28 individuals, most aged under 18, reported to the Order that they had been abused in Hebron Trust’s care by Brother McGrath along with one allegation of abuse by a lay member of staff. Many of those young people were homeless, referred by social service agencies or by the criminal and youth justice system. The brutality and severity of McGrath’s abuse towards Hebron Trust victims was at the top of the scale in its nature, severity and long-term damage to survivors.
Effects of abuse
Ngā nawe me te kawenga
Complaints and accountability
Many children reported abuse, including to the Order’s brothers, the Order’s leaders, social workers and police. Mostly these children were not believed, their experiences denied. As disabled people they were not considered credible. In nearly all cases, the Order failed to act on these reports.
A 1977 anonymous complaint of sexual abuse against brothers Moloney and McGrath to the Order’s Sydney-based Provincial was disregarded. However, later that year, the Order applied its ‘geographic cure’. Moloney was transferred to the Order’s operations in the Vatican. McGrath was transferred back to Kendall Grange, the Order’s institution for disabled children in Australia. There he continued his abuse until being posted back to Christchurch to eventually establish and head Hebron Trust.
Of the 37 brothers from the Order who ministered in the Christchurch community when the Order operated Marylands, 21 had allegations of some form of abuse made against them. Nineteen brothers had specific allegations of child sexual abuse made against them.
Throughout the 28 years Marylands operated, on average there would be seven brothers at a time appointed to the Christchurch community, five of whom would be alleged perpetrators of abuse, and four of these five would be alleged perpetrators of sexual abuse. On average, abusers would stay longer at Marylands than those who were not alleged to have abused.
There were two police investigations, 10 years apart, but these were hindered by a lack of co-operation from the brothers and the Order. The Australian-based Order spent significant sums on legal costs over several years to try to stop extradition of several brothers to face trial in Aotearoa New Zealand. Ultimately, the brothers returned to Aotearoa New Zealand.
In 1993, Brother McGrath was sentenced in Christchurch to three years’ imprisonment for 10 charges of indecencies committed upon tamariki and rangatahi between the ages of eight and 16 years. But it was not until 2006 that brothers Garchow and Moloney would be returned to Aotearoa New Zealand to face justice along with Brother McGrath and Brother IU.
Brother Moloney, who headed Marylands School in the 1970s and returned to the Christchurch community in the 1980s, was convicted in Christchurch in 2008 on seven charges,[4] involving five complainants,[5] and sentenced to two years and nine months’ imprisonment.[6] He was released from prison on parole in September 2009 and returned to Australia. The Order told media: “Brother Moloney is still a member of the Order and will be accommodated within the Order in Australia.” [7] He died in Sydney in 2019.
The trials of Brother Garchow and Brother IU did not take place. In July 2008, due to illness of survivors and Brother Garchow himself, a permanent stay of the proceedings was entered.[8] He died in March 2011. In what was seen by police as an attempt to discredit the complainants in his case, Brother IU was successful in his application to have each undergo a psychological examination. The delays this caused, along with the historic nature of the allegations meant, based on fair trial rights, Brother IU was able to successfully apply to have all charges stayed or dismissed on the day his trial was going to start.
In 2006 Brother McGrath was convicted in Aotearoa New Zealand on 22 charges in relation to his time at Marylands of “doing and inducing indecent acts on boys under 16 years of age”.[9] The sexual assaults included touching, fondling, masturbation and oral sex but he was found not guilty of charges of anal rape.[10] He was sentenced to five years’ imprisonment.[11] The sentencing judge noted that the distressing “victim impact reports ... refer to anger, fear, anxiety, nightmares, low self-esteem, post-traumatic stress disorder and, in many cases, gross problems in later life”.[12] Brother McGrath was released from prison in 2008.[13]
In 2018, Brother McGrath was convicted in Australia and sentenced to 33 years’ imprisonment for 64 offences against 12 boys at Kendall Grange over seven years and in 2019, he was convicted and sentenced for a further 29 years for crimes against another 15 Kendall Grange boys. Some of these convictions were for sodomy.
In total, Brother McGrath was convicted in five court cases, two in Aotearoa New Zealand and three in Australia, of more than 100 offences over three decades. He will likely spend the rest of his life in an Australian prison.
The police investigations and court processes further disadvantaged survivors. Some evidence was set aside because survivors were seen as unreliable or open to suggestion because of their disability. Police did not keep any data on the nature of survivors’ disabilities, nor did they call in specialists to help them communicate with complainants who had a disability. Police also failed to provide culturally appropriate processes when engaging with Māori and Pacific people.
NZ Police agreed it could be difficult for disabled people to get a fair hearing because criminal trials depended on clear communication, an ability to handle cross-examination, and an understanding of complex procedures in court that can move very quickly.[14] The criminal justice system did not serve victims of sexual abuse and their whānau well, whether disabled or not.
We were told by survivors and their whānau that the criminal justice process failed to take account of survivors’ disability or allow them to have caregiver support while giving evidence. They also said the criminal justice process made no allowance for their disability during cross-examination and was too quick to disallow their evidence rather than providing appropriate support.
Although institutional criminal accountability is within NZ Police’s function, no consideration was given whether the Order, its senior leaders or both might be criminally responsible.
The presence of the Order in Aotearoa New Zealand was facilitated by the Bishop of Christchurch who failed to provide adequate oversight, as required, over the Order’s operations at both Marylands and Hebron. In addition, once the reports of abuse became public knowledge in 2002, Bishop Cunneen failed to take any responsibility for the Order’s conduct. Instead, he expressed discontent for the media attention and spoke out to protect the reputation of the church.
Ngā wāwāhinga o ngā here tikanga tangata
Possible breach of human rights obligations
Te Tiriti o Waitangi
The State, the Catholic Church and the Order did not provide care consistent with the principles of te Tiriti o Waitangi.
Treaty jurisprudence recognises that obligations may extend beyond the Treaty partners and in particular may follow tamariki Māori whether in care of the State or faith-based institutions. With some faiths, including the Catholic Church, this relationship with Māori stems back to the signing of te Tiriti o Waitangi.
Ā mātou kitenga
What we found
This report documents how some individual abusers from the Order were convicted of a relatively small number of the hundreds of potential offences revealed to us by survivors or their whānau. But this is not a story about ‘bad apples’. This case study spotlights that the Catholic Church, the Order and State must each bear responsibility for the tūkino that was suffered by so many boys, the impacts on their lives, and their whānau and their support networks, because it was Church, the Order and State systems and institutions that shamefully enabled the abuse and ignored it or covered it up.
The Catholic Church, the Order and State have not yet been found accountable for the magnitude of the tragedy that unfolded at Marylands School and Hebron Trust, or for failing to address that tragedy. Without accountability, there can be no confidence that such events will not be able to occur again. What we found here reinforces our view that the puretumu torowhānui, holistic redress, system and scheme that we recommended in our December 2021 report must be applied to both State and faith-based institutions.
The findings in this report are also a reflection of broader systemic issues that continue to persist today. We will address these systemic issues in our Final Report in which we will make recommendations for change.
Aotearoa New Zealand must heed the calls for accountability and justice. Fundamental changes will be required if we are to ensure that such horrific harm and exploitation of tamariki and rangatahi does not happen again.
Tōpūtanga whakatau
Consolidated Findings
Horopaki
Context
Ngā Whakakitenga: Ngā Ara Taurima
Findings:
Pathways into care
At Marylands School
I Te Tarati o Hebron
At Hebron Trust
Te āhua me te whānui o te tūkino me te
whakangongotanga
Nature and extent of abuse and neglect in care
At Marylands School
I Te Tarati o Hebron
At Hebron Trust
I ngā kura o Marylands me Te Tarati o Hebron
At both Marylands School and Hebron Trust
Te whānuitanga o ngā mahi tūkino me te
whakangongotanga
The extent of abuse and neglect
Ngā tūkinotanga me ngā whakangongotanga i
rangona
The impacts of abuse and neglect
Te Kawenga
Accountability
Te mahi o te Kāwanatanga
The role of the State
Te mahi o te Hāhi Katorika
The role of the Catholic
Church
Te mahi o te Pīhopa Katorika o Ōtautahi
The role
of the Catholic Bishop of Christchurch
Te mahi o te Rangapū o Hato Hoani o te Atua
The role
of the Order of St John of God
Ngā take i takakinotia ai ki ngā mahi tūkino
me ngā whakangongo i te wā o te noho taurima –
Factors that
caused or contributed to abuse and neglect in care
Ngā take papori
Societal factors
a) At times society idealised the church and those who represented it were revered, resulting in a misplaced high trust of the Order by the State, the public and whānau. This resulted in the church, the Order and the brothers holding a degree of impunity.b) Social attitudes and a lack of understanding of sexual abuse of boys and disabled children prevented and delayed the disclosure of abuse.
c) Social attitudes, evident in regulatory frameworks, were reflective of eugenics, ableism, disableism, discrimination and institutionalisation of disabled children or children with any learning support needs.
d) Racism and discrimination, particularly towards tamariki and rangatahi Māori was continued in the Order’s institutions, evident in targeted racial abuse and neglect.
Ngā take whakahaere
Institutional factors
45. The institutional factors that the Royal Commission finds caused or contributed to abuse and neglect in care are:
a) There was a lack of monitoring and oversight by the State, the Order and the church from the date of application to establish Marylands and the development of Hebron Trust, until Brother McGrath’s departure.b) There were inadequate safeguarding policies for the tamariki and rangatahi at Marylands and Hebron Trust.
c) The State failed to act on abuse disclosures by the boys to social workers and police. Tamariki and rangatahi Māori and disabled boys in particular, were not understood or believed.
Rangapū Katorika o Hato Hoani o te Atua
Hospitaller Order of St John of God
46. The factors that the Royal Commission finds the Order caused or contributed to abuse and neglect in care are:
a) The Order in Aotearoa New Zealand had, at times, a culture of normalised, sexualised and abusive behaviour and sometimes perceived child abuse as a sin that could be forgiven, rather than a crime.b) The Order valued its reputation, its institutions and its brothers above all. A strong hierarchy within the Order perpetuated a culture of silence.
c) The State and the public were successfully convinced that the Order was operating a superior facility, which was the best place for boys, disabled boys and rangatahi, to give them the strongest chance of positive life outcomes.
d) The Inquiry saw no evidence brothers and teaching staff possessed the necessary skills and expertise to: care for or teach children; support disabled children or those with learning support needs; understand te ao Māori; te reo Māori or te Tiriti o Waitangi or the nature of the relationship between the Crown and Māori.
Ngā parata o Hato Hoani o te Atua
The St John of God brothers
47. The factors that the Royal Commission finds the brothers caused or contributed to abuse and neglect in care are:
a) Some brothers within the Order exploited religious beliefs, fear of God and religious teachings to abuse and prevent disclosure of that abuse.b) The abusive brothers were predatory and manipulative, deliberately targeting at-risk children and young people and exploiting safeguarding inadequacies for their own sexual gratification.
Ngā tamariki i tukiontia
Children exploited
48. The factors that the Royal Commission finds that caused or contributed to abuse and neglect in care of exploited children are:
a) The environmental, emotional and cultural removal of children from whānau and communities and placement in physically remote Marylands and the orphanage meant that, in the event of abuse, disclosure opportunities were reduced.b) Children, especially Māori and disabled children, were undervalued, had no voice and were not understood or believed.
c) The Order and its brothers had control over every aspect of the children’s and young people's lives. Children and young people and their whānau, hapū and iwi were disempowered from being involved in decision making.
Ngā wheako o ngā purapura ora - Survivor experience:
Mr CB “I went to school for about three days but then they sent me
over to the kitchen to wash pots and pans.”
|
Anonymised to protect identity - Mr
CB.[18]
|
|
|
Age when entered care
|
10 years old
|
|
Age now
|
71 years old
|
|
Hometown
|
Christchurch
|
|
Time in care
|
1964 to 1968
|
|
Type of care facility
|
Marylands School
|
|
Ethnicity
|
Pākehā
|
|
Whānau background
|
Mr CB had one sister and one brother. His father died when he was six weeks
old and Mr CB lived with his mother in a State house until
she died in her early
nineties.
|
|
Current
|
Mr CB lives in a rest home in Christchurch. His brother died from same
disease Mr CB has, and was supported by his sister, who has
recently passed
away.
|
I have an intellectual disability. I also have Neurofibromatosis, a condition that means I have lumps all over my tummy and body. I also have Barrett's disease. It is a disease of the oesophagus.
I was constantly wagging school. I was bored because I couldn't learn. I had some trouble with the other children, and I was picked on because of my disabilities. When I wagged, I didn't run away, I just went home from school or went to hang out at the sawmill and played in the sawdust.
I think I was around 10 years old when I went to Marylands. I think I was sent to Marylands because I couldn't read or write.
When I first arrived, they had a school. I went to school for about three days but then they sent me over to the kitchen to wash pots and pans. After those three days they never let me go back to school. I would get up and go to work and then go to bed and get up and go to work again. Every day. I don't know what my mother thought was happening with me, as I was sent there to go to school.
I would get grumpy because I wasn't allowed to play with the boys. I could never play with the boys at lunchtime when the boys were out playing. I had to be in the kitchen doing the big pile of dishes always waiting for me. I would get the strap, but I can't remember why.
One day I was given my own room and I would get a knock on the door in the morning to get up and do the breakfast for the school and the hospital. The room was closer to the kitchen. This was so I could get up and get breakfast ready without waking anyone else up in the morning. I was the only boy helping with the kitchen.
It was not the same having my own room as I couldn't mix with the other boys. It didn't have a TV, but I didn't have time to watch TV anyway. I wasn't allowed to sit in the dining room with the other boys. I had to have my meals in the staff room.
Sometimes when I was working in the kitchen I felt like running away. I couldn't go to the police because I would have just been brought back to Marylands and would have gotten the strap for running away.
I went to the swimming pool by myself then one of the brothers came in and started playing with me and said "don't you tell anyone". He touched my penis in the swimming pool. I do not remember how old I was. It happened a couple of times. He touched my private area. I was too scared to go to the head brother because he wouldn't have believed me. I was also too scared to go to the police because they wouldn't believe me.
One of the brothers made me gas puppies in a barrel. I had to put the puppies in an old rubbish bin. The brother put the hose in and I had to sit on the lid while the puppies died. Then I had to take the bin down to the dump. It made me feel really bad. I can't explain how it made me feel in front of you.
The biggest impact is on the fact I didn't learn to read and write. This causes me enormous stress. I think I could have learned to read and write at least at a basic level if someone had helped me. It has impacted my adult life hugely. I can't use a smart phone or a laptop. I can't work computers. I have a very old-fashioned cell phone with numbers. My family can't send me photographs and can't text me. I can't text them.
I lie in bed and think about the things that went on at Marylands. I don't want to tell you the things I think about. I feel angry, annoyed and sad. I think of all the things I can't do.
There's little that can be done for me now at my age. The government needs to let children have a support person – someone they can talk to. If I had someone to talk to when I was little it would have made a big difference.
Upoko Tuatahi: Tūāpapa (tau 1950 ki ngā tau
1980s)
Chapter One: Background (1950 – 1980s)
Whakatakinga
Introduction
Reo - Language
From 2005 the offence for non-consensual anal penetration is included within the charge of “sexual violation by unlawful sexual connection”, contrasted to the current offence of rape, specifically “sexual violation by rape”.
Horopaki
Context
Te taurimatanga me te whakaako tamariki hauā i Aotearoa i
te rautau 20
Care and education of disabled children in 20th Century
Aotearoa New Zealand
“By and large, it can be said that the intellectually handicapped are happier amongst their own. They enjoy a community life in which the competition and striving is not too great for their intellectual capacity. This can be achieved by residence colonies much larger in size than is often contended.”[51]
Te whakatuanuitanga o te ariā tinana pakari, ehara te
mātauranga motuhake i te whakaarotau a te Kāwanatanga
The
dominance of ableism, special education not a government priority
Ngā Whakakitenga: Horopaki
Findings:
Context
a) Prior to the Order’s expansion into Aotearoa New Zealand in the 1950s, there is no evidence that the Order took steps to understand te Tiriti o Waitangi, te ao Māori, or the nature of the relationship between Māori and the Crown.b) In the 1950s societal views (supported by regulatory frameworks) of ableism and eugenics supported the removal of disabled children and adults from their whānau to place them in institutions, including residential special schools.
Ngā wheako o ngā purapura ora - Survivor experience:
Mr HZ – “Nobody believed us about the abuse”
|
Mr HZ
|
|
|
Age when entered care
|
7 years old
|
|
Age now
|
59 years old
|
|
Time in care
|
1970 to 1980
|
|
Type of care facility
|
Foster care, the Kimberley Centre
Education: Catholic school – Marylands School Psychiatric hospital – Lake Alice. |
|
Ethnicity
|
Māori
|
|
Whānau background
|
Three brothers, one sister, raised by their grandmother initially.
|
I’m Mr HZ. When I was seven, I was taken off my parents and put into foster care. And that was the start of my life within the system and the start of my suffering. My parents didn’t have the skills to look after us properly, and they thought that by giving us to Social Welfare they were giving us a better chance in life.
My health records show I was labelled as ‘mentally retarded’. When I was nine years old, I was admitted to Lake Alice psychiatric hospital where I received electric shocks and was sexually abused. I was sent to Marylands School just before my 10th birthday and I spent four years there.
At Marylands, Brother McGrath sexually and physically abused me and other boys. One time, he got a few of us boys into his room. We were in a group on the floor, naked and kneeling. Brother McGrath would go around us all and try to put his penis in our mouths. Some of the other boys seemed to know what to do, but I didn’t. When he tried to shove his penis in my mouth, I bit him.
Brother McGrath had a baseball bat he’d hit us with, it was red plastic and hollow inside. One time we were in the TV room and he came in with lollies, biscuits and his baseball bat. He gave us lollies and turned the TV and lights off. He rubbed his penis along one boy’s face, holding onto the back of his head. Then he walked over to me and rubbed his penis in my face. I was trying to pull away, but he told me to stay there. He grabbed me by the head and tried to force his penis into my mouth. When I pulled away, he hit me with the baseball bat, so hard it made my nose bleed. I was terrified.
Brother Moloney also sexually abused me. Brother McGrath and Brother Moloney were very close and I often saw Brother Moloney coming out of Brother McGrath’s bedroom. One night, Brother McGrath came and got me out of bed and took me to his bedroom. Brother Moloney was in the bed naked and they played with each other sexually. They tried to make me perform oral sex and to sodomise me, but I wouldn’t keep still and that made them mad. Brother McGrath always had his baseball bat nearby and he whacked me with it.
After a while, I just started to adapt to the sexual things that happened at Marylands. Brother McGrath also threatened me to keep quiet. Once, he took me to the hospital morgue and showed me a corpse as a way of silencing me. I also saw him force a boy to eat his own shit in front of other boys because he messed his bed.
I told a teacher about the abuse but she didn’t believe me. She said brothers don’t do things like that and I must stop lying. I also told another woman and she didn’t believe us, so when we saw Brother McGrath take one of the boys, we went and got her to show her. She didn’t say or do anything though. I told three social workers but they didn’t believe me, either. At one point I ran away with another boy because of the abuse, and when the police caught us we told them, but nothing happened.
My teenage years were horrible and I ended up in prison. I was a patched gang member by 25 years old – it gave me a sense of belonging and heaps of power with the support of the gang behind me. I didn’t stay long though, because some beat up their kids and I didn’t like that.
I don’t trust people in authority. I’ve never had proper schooling or any real education – I only learned to read and write after I went to jail. I’ve never been given the chance to develop proper parenting skills, and my own kids have been taken away from me. I’ve never been taught about normal physical and emotional relationships with people I love.
I was totally separated from my Māori culture. This was the source of all my sense of identity and belonging. This land is our land, and I know I belong to it; I know I am supposed to live a healthy life on my land but this is being stopped by the institutions that are not designed to understand and care for Māori children. I have suffered, and my kids have suffered because of this racist system.
It is sad to say that the only sense of belonging and support I ever felt was being part of a gang.
All the places I’ve been – Marylands, Lake Alice, the Kimberly Centre, foster homes – simply haven’t been run correctly. Comfort has been taken out of these places. If the places I’ve been had been comfortable and had supported me, growing up as a child in the system, things would have been different. All I want now is that comfort.
References
Witness statement of Mr HZ, WITN0324001 (Royal Commission of Inquiry into Abuse in Care, 8 April 2021).
Second witness statement of Mr HZ, WITN0324015 (Royal Commission of Inquiry into Abuse in Care, 14 May 2021).
---------------------------------------------------------------------------------------------------------------------------
Upoko Tuarua: Te Kura o Marylands
Chapter Two: Marylands
School
Whakatakinga
Introduction
Te Whakatū i te Ratonga Karauna i te rohenga o
‘Oceania Province’ i te tau 1947
Establishment of the
Order’s Oceania Province in 1947
Ka tae mai te Rangapū ki Aotearoa i te tau 1954, i
runga i te pōhiri a ngā Pīhopa Katorika -te whakatūnga
o te
Kura o Marylands
Order comes to Aotearoa New Zealand in 1954 at invitation
of Catholic bishops – establishment of Marylands School
I whakawhirinaki atu te kura o
Marylands ki te tahua pūtea a te Kāwanatanga hei kawe i ngā
whakahaere
Order relied on State funding to operate Marylands
School
“As you are aware the result of the recent visit to Wellington, in connection with the opening of Marylands, is most disappointing ...
My opinion is that the Government are not anxious to alter the stupid legislation they have made in respect of short-stay homes. It would be against our principles to accept boys for two months only, as this is not the way to attack the big problem of mental deficiency, and they in Wellington are aware of this as well as I am. I feel we should not rush in to any acceptance of the paltry bait they are offering us ...
Education means for us (Catholics) no progress in the mental deficiency field simply because most of the children will come from broken homes etc., and there will be little support from the families. Also Education offers us, perhaps a paltry grant towards capital costs and no per capita maintenance, which we are looking for. Also binding us down to the type of boy which in most cases are in my opinion ineducable.”[67]
“May I respectfully point out that the Brothers’ work, which has a history of some 400 years, has always in every country throughout the world worked in conjunction with the Health authorities.
Would it be too much to suggest that the Act pertaining to short-stay homes be amended to include long-stay homes ...”[68]
Ngā paearu whakauru mō ngā ākonga ka kuraina ki te kura o Marylands The enrolment criteria for students attending Marylands School
“The boys to be admitted fall into the same category as children admitted to special classes and schools for backward children. The range of mental ability at Marylands will be the same as for special classes and schools except that special classes and schools take some children who are a little more able mentally than the most able who will be admitted to Marylands.”[74]
“[t]he Minister mentioned that in order to make me happy about this arrangement I could call the place what I like and need never mention the word School as it was not expected that it would be conducted as a school but rather as a Training Centre for retarded boys.”[78]
Marautanga- Ko tā te Rangapū aronga ko te
whakangungu, kaua ko te whāngai mātauranga
Curriculum – Order
focused on training rather than education
Te rēhita hei kura motuhake tūmataiti
Registration as a private special school
Ka whāia e te Rangapū ngā moni āwhina i te
tahua tautoko a te Kāwanatanga
Order seeks capital subsidy
contributions from the State
“I regret to state that during the past month, I have been attacked from all sides and from all sections of the community with the one question, when is Marylands going to open? Has anything gone wrong? I feel a cure, Honourable Sir, that between your good self and Brother Kilian some agreement can be reached which will allow the Brothers to commence their work immediately, and so keep faith with the public.”[92]
Ngā momo ara i tae atu ngā tama ki te kura o Marylands Different pathways of how boys arrived at Marylands School
“I do not know why I was referred to Marylands. When I first arrived there in 1966, I was nine years old. It was a boys’ residential school for kids with special needs. I was a normal boy with no special needs other than the need for a caring home.”[108]
Ngā whakaurutanga a te Kāwanatanga ki te kura o Marylands - State placements to Marylands School
“Marylands caters for boys who are specially recommended by the Psychological Services for residential care and education. A great percentage of these boys come because their needs cannot be adequately met in the usual day school situations owing to their gross social and/or emotional disturbances superimposed on their mild mental retardation. These pupils need a special environment, be it physical, psychological or social, necessary to fulfil their potential.”[112]
“Upon my discharge from Palmerston North hospital for my ear operations, I was given two choices by the Department of Social Welfare. It was to go to Marylands or to go back to Lake Alice. Lake Alice had been so traumatising for me that I would do anything not to go back there.”[116]
“There were wide variations in practice between individual social workers, offices, and institutions. There was no consistent national practice. The Manual was a guide. It was sometimes ignored or not followed if a social worker was not familiar with its contents. Different social workers could interpret the Manual differently. Often, social workers were unable to follow the Manual to the letter because of their workloads or other organisational constraints. Offices were often short-staffed, and at that time many of the staff had no professional social work qualifications.”[119]
“Institutions were considered when the behaviour was considered beyond the ability of foster parents to handle, or when placement was for an older teenager. The resource issues, not the needs of the child, often dictated placement, and I believe this is still true today. I also believe that if I am right about this, then the ‘best interests of the child’ are simply not being served.”[120]
“The whole placement environment involved searching around to see where there was a bed in a facility that took that age of child. Church-based institutions were another option – at times the only option.”[121]
“I was admitted on my sixth birthday, and I was the youngest boy there. Child Welfare knew I was considerably younger than was usual for boys to be admitted to Marylands.”[122]
“It should be noted that these requirements were set out in practice guidance and social work manuals, rather than arising directly from statute or regulation.”[123]
Ngā whakaurutanga tūmatawhāiti ki te kura o Marylands - Private placements to Marylands School
“Our family is Catholic so we thought it would be better than an IHC [Society for Intellectually Handicapped Children] school. Also, we thought that the brothers were doing it for the love of God.”[126]
“My mother thought it was a bit strange because the boys at Marylands were all slow learners. She wasn’t happy about me going but, since it was only going to be for about two years, she agreed as well.” [128]
“She spoke to Archbishop Liston and our parish priest after one of her visits to Marylands. She raised concerns she had for Marylands. They stated, ‘You don’t know how lucky you are, [Mrs DN], to have these brothers caring for your child’. I know my mother went away feeling humiliated when Archbishop Liston and the parish priest said that to her. It was easy to feel humiliated by these men back then. I always found it sickening when I was growing up. I often used to say to my mother, ‘They are only human; they can make mistakes’.
“I know that she would not have taken it any further than that because you just did not question ‘authority’ like that back then.”[129]
Te ara i takahia ai e ngā tamariki hauā ki te kura o Marylands - Pathway of disabled children to Marylands School
“There were no local schools that catered for students with intellectual disabilities, so I was sent to Marylands.”[130]
“I have dyslexia, and this was not identified in my earliest years at school. I was struggling at school and a local GP who was our family doctor, and whose name I don’t know, suggested to my parents enrol me at Marylands Residential School in Christchurch.”[133]
“I was bored because I couldn’t learn. I had some trouble with the other children, and I was picked on because of my disabilities.”[134]
“I found out later in life, when I got glasses, that I had been vision impaired as a child. I had not recognised this as a child. I could not see what the teacher was writing on the blackboard. This may have been a contributing factor to me not wanting to go to school, and to my poor behaviour as a young child.”[135]
Te ara i takahia ai e ngā tamariki Māori ki te kura o
Marylands
Pathway of Māori children to Marylands School
“At the time I believe my father was in jail. There were six children in the family. My mother couldn’t cope with that number on her own.[140]
Te ara i takahia ai e ngā tāngata o Te Moana nui a Kiwa ki te kura o Marylands Pathway of Pacific peoples to Marylands School
He nui rawa te utu mō ngā whakaurutanga tūmataiti ki te kura o Marylands Private placements to Marylands School came at a significant cost
“The school was not cheap, and it involved air flights each school holidays. Those days there were only three term breaks – in May, August and December (the Christmas holidays). Air travel was not as accessible as it is today and along with the expensive flights, I clearly remember having to prepare and pack for his return to school. It involved everything from school uniform, weekend wear, underwear, and toiletries (for example six cakes of soap, six tubes of toothpaste etc.). The list was long and expensive.”[143]
I te tau 1968 i huri te kura o Marylands hei Kura Motuhake
Tūmataiti Noho Tara-ā-Whare mō ngā tama hinengaro
hauā
In 1968 Marylands School became a Private Special Residential
School for Intellectually Handicapped Boys
“The change in policy at Marylands is, that since we left our old premises at Halls Road, and moved to this larger place at Halswell Road, we have opened a special residential section for the occupational-type boy. This is a small unit of twenty beds. I.Q. 30/50. On the same property, but some distance removed from the occupational centre, we have seventy boys in residential units. These are from 50/70 I.Q.”[145]
He aha i wehe ai te Rangapū i te kura o Marylands
Why
the Order decided to withdraw from Marylands School
“[W]e had a lot of meetings with the government, that started in ‘81, ‘82 and then they wouldn’t increase the grant because we really needed more staff, for the type of kids because I actually expelled about three, four kids from there because some were very very aggressive and that can be very destructive for other kids and not so much in the school but all in the villas and that you see and all towards your co-workers. So things were certainly changing and so we decided ok we are virtually running a State school now and so we will let them go and so I remember announced to the staff that the Brothers will withdraw early 84.” [182]
Ka tīmata tā te Kāwanatanga whakahaere i te kura
o Marylands
State takes over Marylands School
“Many pupils found the new management strategies strange initially. Their expectations were of physical chastisement ...
“It was quite obvious that in the laundry and to a lesser extent in the garden, boys had been used to supplement a shortfall in labour ...
“Most teachers inherited have poor qualifications and lack significant teaching experience. None had any specialist qualifications. As a result the quality of the teaching programme was not high, there was a lack of coordinated programmes, individual classes did their ‘own thing’, management techniques were lacking. There was, and still is with some, poor understanding of the boys’ ability. Too little was expected and there was a strong resistance to academic programming. Many boys seen only as workshop material and programmed accordingly. There was little understanding of boys needs in the outside world. Programmes of weaving, art work and ‘nimble fingers’ craft work that dominated did not prepare boys for living in the regular community.”[194]
Ngā Whakakitenga: Ngā Ara Taurima -
Findings:
Pathways into care
a) Tamariki were referred to Marylands by State agencies, health professionals and parents. It was established for disabled boys but many boys who attended were not disabled. Some of the boys were placed at Marylands as State wards, some had behavioural problems and were excluded from their local school, and some were placed at Marylands because their whānau were either advised or felt they would get a better education.b) The psychological, learning and educational needs of children placed at Marylands by the State, or privately, were often inadequately assessed at the time of placement. Their emotional and physical needs were not met nor was their need for a loving home.
c) Private placements to Marylands had attendance fees and other associated costs that placed significant strain on some whānau, families and prevented enrolment and attendance.
Ngā wheako o ngā purapura ora:
Survivor
experience:
Mr ES – “After the abuse, my life
deteriorated”
|
Mr ES[201]
|
|
|
Age when entered care
|
Early teens.
|
|
Age now
|
46 years old
|
|
Hometown
|
Christchurch
|
|
Time in care
|
Early 1990s, 1993 in Kingslea.
|
|
Type of care facility
|
Hebron Trust – community service, youth justice
placement.
Residential School – Kingslea. |
|
Ethnicity
|
Pākehā
|
|
Whānau background
|
One younger brother.
|
|
Current
|
Mr ES is estranged from his family. He has children of his own but the
relationships are difficult.
|
I started getting into a bit of trouble in my early teens, probably because of who I was hanging out with. I was breaking into the odd car, and I came to the attention of the police. Instead of going to court, they organised community service work for me at Brother McGrath’s house – gardening and other chores.
A lot of skinheads were hanging around at Brother McGrath’s house, huffing and sniffing petrol or glue. They were around 15 to 17 years old, a bit older than me.
I was out in the garden and Brother McGrath called me into the office. He started off being nice, then turned bad, and made me put his penis in my mouth. I was completely shocked, but Brother McGrath just dropped me home afterwards as if nothing had happened. He told me he worked with the police and if I said anything about what he’d done, then I’d be put into the boys’ home. I didn’t tell my parents, because I didn’t think they’d believe me anyway.
I had to keep going to Brother McGrath’s house. The second time he called me into the office, he sodomised me. He threatened me again, saying if I told anyone what had happened, that he was in with the police, and no one would believe me.
I left the property after I was raped. I remember walking down a road. My underpants had blood in them. I ripped them off and threw them away. I had no idea if the police were going to come looking for me, but nothing happened – I didn’t get called back to do more community work.
After the rape by Brother McGrath my life deteriorated. I pretty much left home, joined up with skinheads and started sniffing glue with them. I ended up becoming a drug addict. I did a stint in the Kingslea Secure Unit after gate-crashing a party with members of a gang. Everyone else was older than me so they were arrested and held in police custody, whereas I was admitted to Kingslea. Although I was only there once, my life continued to get worse, and my offending got more serious. I went to prison a couple of times. Drug and alcohol abuse are still a problem for me.
The abuse by Brother McGrath has made me hate the church. I’ve hated people in authority for years. For many years, I hated the police, but now I’ve realised it’s probably not so much their fault.
My ability to trust people has been completely broken. I have difficulties with personal relationships – every relationship I’ve had has failed miserably because of trust issues, and because of my abuse of drugs and alcohol.
I have trouble sleeping and lots of nightmares, as well as flashbacks to the abuse. Sometimes I’ll be driving up the road where the house was, and I’ll get really, really angry.
Because of the abuse, I haven’t been able to hold down jobs for very long. I start getting angry at people for no reason.
I’m estranged from my parents. In some ways, I blame them for the abuse because they were part of sending me to Brother McGrath. I’m over-protective with my own children – always worried about them.
I’ve agreed to contribute my story because it’s important to me that people who have been abused get proper compensation and services to help us get ahead in life.
Upoko Tuatoru: Te Tarati o Hebron
Chapter Three: Hebron
Trust
Whakatakinga - Introduction
Ka pōhiritia te Rangapū e te Pīhopa Katorika
o Ōtautahi kia whakaritea he manatū mō ngā rangatahi
kāinga kore me ngā tamariki noho Tiriti
Christchurch Catholic
Bishop invites Order to set up youth ministry for homeless youth and street kids
Ka hoki anō a Parata McGrath ki Aotearoa ki te mahi i Ōtautahi Brother McGrath returns to Aotearoa New Zealand to work in Christchurch
“My concern is Bernard [McGrath] and his almost complete isolation from the community. He comes and goes and mostly for a specific reason doing his washing, checking his answering service, but never stops or sleeps here or attends mass or any community exercise. We really do not know any of his movements and only expect him when we see him and in all honesty he is often forgotten about.
[Brother] Berchmans only mentioned how Bernard was putting himself into vulnerable situations, by bringing young girls to the monastery in the evenings. I am sure he sees no danger as he is so wrapped up in his work and doesn’t see the dangers. Maybe it is his intention to set up house in his new location, but this was never anticipated when we voted for the house.
I am not sure of the answer but feel someone should perhaps discuss his intentions and his future with him. I would like this done by yourself or a councillor as I am not confident in dealing with this delicate subject.”[216]
Ka whakaaetia te noho a te Tarati o Hebron hei ratonga
mō te Kāwanatanga
Hebron Trust approved as State service
provider
Kō wai te hunga i taurimatia e te Tarati o Hebron - Who was cared for by Hebron Trust
“During the eighteen months up till 31st December 1991, 680 young people passed through Waipuna, Hebron’s youth refuge in Linwood.”[234]
“This year, just to cope with the programme we are committed to, is going to cost us approximately $443,700. This will help over 700 kids directly and indirectly. It sounds a lot of money but when we take into account food, power, programme costs, administrative costs, salaries and general running expenses – well it doesn’t go far.”[235]
Te ara i takahia e te hunga taiohi ki te taurimatanga a te
Tarati o Hebron
Pathways of young people to Hebron Trust care
“Before my investigation into Bernard McGrath, I was aware of who he was through my dealings with him in the police. When working in and around Christchurch, it was common to uplift children who were street kids or runaways and deliver them to the Hebron Trust where it was believed they would be supported.
Quite often young persons from the youth court, who had been in trouble, were either remanded or directed by the courts to the custody of the Hebron Trust run by McGrath.”[239]
“On one occasion, at the end of community work, my mother took me to the chapel at the St John of God Hospital. Brother McGrath was there. My mother knew that Brother McGrath ran a house that cared for troubled boys. My mother thought it might be good for me to have two weeks break from the family, staying with Brother McGrath.”[242]
“All the street kids knew that Brother Bernard was someone who would give us food and money, if we asked for it.”[243]
Ngā ara Māori ki te Tarati o Hebron
Māori
pathways to Hebron Trust
“You know, my mind starting to sort of tick, why is this person asking me to live in this house because I'm not a street kid, I haven't been naughty enough to go to court.”[244]
Ngā ara a ngā tāngata o Te Moana nui a Kiwa ki
te Tarati o Hebron
Pacific peoples’ pathways to Hebron Trust
“When I was growing up, [my brother] used to go to Hebron House. It was quite close to our home, and I think [my brother] was sent there to do some community work, as he had been in trouble with the police.”[246]
Ngā Whakakitenga: Tarati o Hebron
Findings: Hebron
Trust
a) During the earlier years of its existence, Hebron Trust was informal, largely unregulated and its operations were mostly unmonitored by the Order or by the Bishop of Christchurch.b) Police and the courts often referred rangatahi to Hebron Trust to receive services and guidance but without proper assessment as to the appropriateness of this placement. Many of the rangatahi were homeless, were in the justice system and suffered from substance abuse issues. The number of rangatahi Māori in the care of Hebron Trust was disproportionate to the population of Christchurch.
Ngā wheako o ngā purapura ora:
Survivor
experience:
Justin Taia – “I was totally dependent on Brother
McGrath”
|
Justin Taia[248]
|
|
|
Age when entered care
|
3 years old
|
|
Age now
|
50 years old
|
|
Hometown
|
Christchurch
|
|
Time in care
|
1976 to 1992
|
|
Type of care facility
|
Residential schools for boys – Campbell Park School, Hogben School;
foster care; family homes; Hebron Trust; boys’ home – Kingslea Residential Centre Secure Unit. |
|
Ethnicity
|
Māori – Ngāti Ranginui.
|
|
Whānau background
|
Two older sisters and one younger sister. Justin also had an older brother,
who ended his life in his 20s.
|
|
Current
|
Justin has a son, who he does not have access to.
|
Brother McGrath ruined my life. I’m really angry about the abuse. I have sometimes taken that anger out on other people, which has made me end up in prison.
I have got tattoos all over my body, to try to kill the pain.
Child Welfare was involved with my family before I was born, because of domestic violence within the home. Despite Child Welfare being involved, nothing changed.
I suffered significant abuse growing up in Social Welfare care, including repeated rapes at Campbell Park School. I disclosed this abuse and a number of other victims came forward. When I was 15, in 1988, I was a witness in a trial against about what happended to me at Campbell Park School. He was found not guilty, although I understand that he has more recently been found guilty of similar offending.
I was around 15 years old, basically living on the streets and hanging out with other street kids. I was abusing alcohol, drugs and solvents. It was during this time I first met Brother Bernard McGrath, who groomed and later abused me for several years.
He would come around and invite the street kids to his house owned by the St John of God Brothers, for food or a bed. He started getting really close to me, like a friend. After a while, he would also invite me to have community meals with the other brothers or staff.
I ended up living at Hebron Trust on and off from age 15 through to age 19. Social Welfare was involved in placing me at Hebron Trust and supervising me while I was there.
Over the next three or four years, Brother McGrath sexually assaulted me hundreds of times – mostly in the monastery sleeping quarters, but also in other places. He would do it whenever he could, at least every fortnight. He was totally opportunistic.
During these sexual assaults, Brother McGrath was demanding. He made me perform oral sex on him, and sometimes ordered me to have penetrative sex with him. He nearly always anally raped me during these assaults, standing on the bed behind me.
Most of the time, Brother McGrath put a scarf in my mouth and taped my mouth shut with duct tape before raping me, so I wouldn’t make any noise. He also handcuffed me to the bed and blindfolded me. After I was bound, gagged and trussed up, he became violent, sometimes choking me. I often thought I was going to die.
Before the first rape, and before many of the other ones, Brother McGrath put some sort of drug in my drink, which made me dizzy. He also gave me a lot of alcohol (beer, Jack Daniels and Coke) and pills, like Rivotril, as a bribe to get me to do what he wanted and to lower my inhibitions, or as a reward afterwards.
Brother McGrath told me not to tell anybody about the abuse. I was too scared of him to tell anyone, I thought he might kill me if I tried. Even if I told, who would believe a street kid? We were considered scum by the police. I don’t think the other street kids would have believed me either.
I was supposedly receiving drug and alcohol counselling from Brother McGrath, but he was actually giving me drugs and alcohol on a regular basis, in order to abuse me.
Brother McGrath presented himself as my advocate, mentor, counsellor and support person. He was my ‘responsible adult’ that handled communications and clothing grants from DSW social workers and communications from my appointed lawyer. He attended Family Group Conferences with me and encouraged the court to remand me in his custody to carry out community work. He was widely respected in the community, and this made me feel more alone because nobody would believe me if I tried to report the abuse to anyone.
I was trapped, totally dependent on Brother McGrath for accommodation, food and support. I had nowhere else to go and no one to turn to.
The abuse from Brother McGrath only stopped when I built up the courage to stand up to him by throwing a glass at his head in front of the other street kids, telling him to leave me alone and never touch me again.
In late 1992 or early 1993, when I was about 19 or 20, I reported the abuse. Because I spoke up, an investigation was carried out, and other Hebron residents came forward and went to the police about him abusing them.
Brother McGrath was eventually arrested and in December 1993, he pleaded guilty to abusing Hebron residents in 1991, as well as two former Marylands School students that had come forward as part of the investigation.
I have really vivid, horrible flashbacks to the abuse most days. Even though I try not to, I have to think about it. It’s like I am reliving the rapes all over again, every day. I hear voices sometimes too, which is really upsetting. My sleep used to be terrible too, because I always had nightmares about all the abuse. It has destroyed me and scarred me for life. It makes me sick. I use sleeping pills now.
I’m always anxious, on edge, paranoid and jumpy and have PTSD. I can’t handle being touched, which makes me have problems socialising and impacts how I have intimate relationships with women.
I joined Black Power while I was in prison and became a patched member, for about 15 years. I’ve been in and out of prison since 1992, mostly for short periods due to violent offending. When I am not in prison, I mostly live on the streets or with the gang. I don’t really have anyone in the community to support me. Both my parents are deceased, and I don’t have anything to do with my siblings. The abuse made me constantly angry, so I pushed people away.
I avoid all the food that I was groomed with too – things like KFC, fish & chips, chippies and chocolate.
I suffer from low self-esteem and depression. I have self-harmed and I have attempted suicide a number of times, mostly by overdosing.
I have difficulty with reading and writing. I never received a good education and I find it hard to hold down a job. I have qualifications in painting and decorating, and I’ve had some work as a musician in some pub bands. I’m not good with money and I find it hard to cope in the community.
I have been trying to give up alcohol and cannabis. When I drink, I get mean and wild, because I think about the abuse I suffered. I have had times where I have also abused harder drugs, like heroin, just because I am around people who do it.
I want to make this statement so that I can get it all out in the open. I hope that telling my story will help someone, and that it will set me free as it is still affecting me to this day.
I had some settlement money and a face-to-face apology from the Order. But nothing can replace what happened to me. It should’ve been Brother McGrath apologising to me – the damage was already done.
Upoko Tuawhā: Te āhua, te whānui me ngā
takakinotanga o ngā tūkinotanga me ngā whakangongotanga
i te
wā o te noho hei tamaiti taurima
Chapter Four: Nature, extent and
impacts of abuse and neglect in care
Whakatakinga
Introduction
Ngā tūkinotanga kāore i whāwhākia me
ngā taero i aukatingia atu ai te whāwhākitanga o ngā
tūkinotanga
Unreported abuse and barriers stopping abuse being disclosed
or reported
Ngā wheako o ngā purapura ora mō te
tūkinotanga me te whakangongo i te kura o Marylands
Survivors’
experiences of abuse and neglect at Marylands School
Te roanga, te whānui me te tōaitia o ngā hara
taitōkai
Sexual abuse widespread, repeated and prolonged
“When I was 11, which would have been in 1955, I was moved from St Josephs to Marylands, which was run by the Hospitaller Brothers of the Order of St John of God. It was a school for boys and all of the pupils boarded. We were looked after by brothers from the St John of God Order.
Not long after I arrived at the school I started being sexually abused by Brother Thaddeus (also known as Lebler)...
This abuse happened to me right up until the time I was 16 in 1960.” [252]
“The brothers would make us boys perform sexual acts on each other. This included sexual fondling and oral sex ... At the time I thought that this must be exactly what boarding school was like, because it was so common and normal at Marylands. Looking back at it now, I realise that this isn’t normal behaviour ... sexual indecencies between the boys were common and this behaviour occurred even when the defendants were not present. It seemed ‘normal’ and I was often involved in this type of behaviour.”[255]
“[Brother Lebler] told one boy that he would get in trouble if he disclosed the abuse because Brother Lebler had made the boy have sex with a younger boy, so the boy was ‘like him’ now – that is, an abuser. Brother Lebler also told the boy that the sexual abuse was fine in God’s eyes, and that everyone else at Marylands was doing it anyway.”[256]
“I can remember standing with all the other boys outside, watching another boy be forced to strip naked. Then a brother pushed him onto the ground and masturbated him. He also put the boy’s penis in his mouth and gave him oral sex. I saw this happen to other boys on other occasions too.”[257]
“I remember always having a sore back afterwards because Brother Ambrose would hold me on his lap in his arms, playing ‘Horsey’ and I could feel the hardness of his erect penis behind my back. I was about six or seven years old [when] this was happening. Others were around when this was happening.”[258]
“Brother Delaney took me to a spare room in the hospital, saying that he wanted to speak with me ... I cannot remember what it was about. He fondled my penis over my trousers then placed his hand inside and masturbated me. He then made me do the same to him. This went on for about half an hour. I was scared that if I did not comply, he would punish me. I did not know how because he had diverse ways of punishing boys. He could either punch me or take some privileges from me. He told me not to tell anybody, and I was too scared to tell anybody. He asked if I liked it and I told him I did not, but [I] did as he told me to. This happened on two further occasions in the same room.
On the last occasion, Brother Delaney was doing to me. I was told to leave the room which I did. The following day, Brother [IU] stopped me in the hospital and took me to the same room and asked what had happened between myself and Brother Delaney. I was too scared to tell him. Brother [IU] then placed his hand down my trousers and masturbated me. He asked if this was same as what Brother Delaney had done, and I told him it was. He said that he would deal with it. I heard no more after that.”[259]
Tūkino ā-whakapono
Religious Abuse
“Brother Bernard told me that having erections was normal, but then told me that it meant I had the devil in me. Brother Bernard told me that I needed to be clean. He also told me that I was special and that he wanted to help me ... He went away and came back with a bowl of water. I remember I had an erection at this stage. Brother Bernard explained that the water was blessed. He said he would help me be clean and stay clean. Brother Bernard then went on to tell me that stuff has to come out of me. He helped me to masturbate. I am very clear that this was the first time I had ever masturbated, and it was the first time I had an orgasm on my own.”[264]
Te whenumitanga o te hara taitōkai me te tūkino
ā-tinana
Combined sexual and physical abuse
“McGrath walked over to me next with his robe still open and rubbed his penis in my face. I was trying to pull away, but he told me to stay there. He grabbed me by the head and tried to force his penis into my mouth. He picked up the bat and started swinging it at my face when I pulled away. He hit me so hard that it made my nose bleed. It was all very frightening.”[266]
Tūkinotanga hinengaro- he wāhi matawhawhati, he wāhi whakamataku te kura Psychological abuse – the school was a terrifying and unpredictable place
“One of the Brothers made me gas puppies in a barrel [after] [o]ne of the dogs had puppies. I had to put the puppies in an old tin rubbish bin. The brother put the hose in and I had to sit on the lid while the puppies died. Then I had to take the bin down to the dump. It made me feel really bad.”[267]
He iti ngā taunaki mō ngā mahi akoako - Little evidence of any schooling
Instead, there was a focus on training for low-skilled occupations. Some children at Marylands were put to work in the laundry, kitchen and on the land and were not in class at all.
Few of the brothers responsible for educating the boys had formal teaching qualifications, or experience in teaching students with learning disabilities. In 1981, the brothers employed a qualified teacher to assess admissions to identify deficiencies in boys’ learning and help classroom teachers with remediation programmes.[270] However, the level of teaching was still poor in 1984 when the State took over the school.
Te whakangongo i ngā matea ā-tinana, ā-hauora - Neglect of physical and health needs
“Every school holidays he had to go to the dentist because his teeth were just totally neglected, and that‘s an example; they were just revolting. And even though we packed toothbrushes along with toothpaste there was obviously no care for dental hygiene ... and the dentist said, “I don't know what they’re doing there but there’s something ... he’s not got good oral hygiene habits.” And he got trench mouth, which is just like from the trenches from the First World War, that’s how bad it is.
It was just horrible ... his personal hygiene ... he’d go to the toilet and he’d empty his bowels he always seemed to have problems with it when he came home initially, and then he didn’t understand about using toilet paper. He didn’t understand about washing his hands. He’d ... smear his hands on the towels and we tried really hard to address that with him.[272]
Prior to him going to Marylands, he was just one of the ... family, and he just did what we did, maybe a bit slower, but he went to the toilet like we did and ate his meals like we did.”[273]
Te Toihara me ngā wheako o ngā tama hauā - Discrimination and disabled boys’ experiences
“I had to get out of bed to go to the kitchen to do the breakfast (porridge) for the boys, then cook bacon and eggs for the brothers and the hospital, in the oven with the big gas cookers. Then take the trolley over for breakfast then bring it back. Same with the lunch, take the trolley over there and bring it back. I was there washing all the dishes, pots and pans, mopping the floors, cleaning the fridges out.”[274]
Te Kaikiri i roto i ngā whakahaere me te whakahahani i te ahurea Iwi Taketake Institutional racism and denigration of indigenous culture
“In no way does our school identify with Maoritanga. We have only five Maori boys in the school. My belief is that many people will associate a maori named school such as ours, with backward deprived and delinquent maori children. If this occurs the repercussions may be irrevocable(sic).”[276]
“I was never taught anything about my Māori background at school. I think if I was taught more about my Māori whakapapa and te reo it would have helped me cope more and made me more stable at Marylands. It would have been a positive thing.”[277]
“One Māori man stands out in my mind. He told us a devastating story of being one of the few Māori children at Marylands. As such he was made to dress in grass skirts and perform ‘dances’ in front of the brothers, with no underwear on beneath the grass dress he was given to wear. He was aged about nine or 10 years of age at that time. He was made to ‘act like a Māori’, display poi balls, and entertain the brothers with Māori songs. After the performance those brothers present would routinely engage in group sex with this boy. As a man this victim wept deeply as he told his story. I remember the deep sense of shame that he held on to.”[278]
“There was only three Māoris(sic) in the whole school, I was fighting a lot of Pākehā people because I was a native because I was a different colour and they were picking on me and I'd fight back.”[281]
Mr HZ told us his about his memory, as an 11 year old, of Brother McGrath taking him to the hospital morgue and being shown a tūpāpaku, dead body, as a way of threatening Mr HZ to keep quiet:
“When he took me down there, I thought he was going to kill me, because he was grabbing me roughly and pulling me by my hair, and we had to go up the stairs and down the stairs into the morgue room, and Brother McGrath said, ‘You're going to end up there’."[282]
Ngā matenga i te Kura o Marylands - Deaths at Marylands School
“The boys at Marylands were of various levels of intellect and included some Down syndrome children. There was one disabled boy younger than me and we all looked after him because he had trouble understanding things ... I saw Brother Thaddeus rush at that boy. We were standing on the porch that was by the concrete quadrangle area. I couldn’t see exactly what had happened, but Brother Thaddeus had said something to that boy and he hadn’t responded. Next thing I knew, Brother Thaddeus had decked that boy on the concrete porch. He either had fallen or been pushed over but he hit his head on a concrete step. He was knocked unconscious and was bleeding heavily from his head. Brother Thaddeus picked him up and took him to the medical room. Soon after, the school's doctor, Doctor Cameron, arrived.
We never saw nor heard about that boy again after that incident. The last time I saw that boy he was laid out and he wasn’t moving. That’s always something that’s worried me – wondering what happened to that boy. The way he was hit I just knew he wouldn’t make it. He was helpless.”[289]
“I am not aware of any Police criminal investigations into deaths of any children while at Marylands. Police would have been involved in attending any sudden deaths at Marylands on behalf of the Coroner but I have not had access to those files.”[291]
Ngā tūkinotanga i te whare whakapani o Hato
Hōhepa
Abuse at St Joseph’s Orphanage
Children at the orphanage were aged anywhere between birth and 11 years. Survivors have told us that brothers from the Order, as well as other adults who spent time at the orphanage such as priests and trainee priests, gardeners and a handyman sexually abused boys living there. Survivors from the orphanage were often confused about the identity of their abusers and have spoken about being abused by either a brother or a priest, or another adult male at the orphanage. Due to the survivors’ young ages, they did not know their abusers’ names.[292]
In relation to the frequency of visits to the orphanage by other men, including priests, the Sisters of Nazareth told the Inquiry that a priest would visit the orphanage every day of the week, except Saturday. On Sunday a priest would “visit the orphanage to say Sunday Mass for the children and sisters at the orphanage”, and “to say Mass for the sisters early each weekday”. The priest would then stay to have breakfast in the parlour. It was also recorded that a trainee priest, a member of the Redemptorist congregation (not yet ordained), “ran a Scouts group out of the gymnasium at Nazareth House and occasionally took some boys from the orphanage out on day trips”.[293]
One survivor told us a nun took him down a hallway and left him with a brother or priest as punishment. The brother or priest fondled his genitals.[294] He said the nuns would threaten to take him next door to Marylands where this brother or priest lived and worked if they misbehaved.[295] Another survivor from the orphanage said his older brother warned him that you didn’t want to be sent across to St John of God (Marylands), and he lived in fear of going over the Heathcote River.[296]
Mr IY, who lived at the orphanage, recalls that the brothers “took care of the discipline”.[297] He once had his feet beaten for threatening to run away from the orphanage. The pain from the resulting welts was so intense he had to walk on the sides of his feet for several weeks.[298] He was also sexually abused by brothers from Marylands.[299]
Another survivor of the orphanage said nuns took him from his bed and he was forced, by brothers or priests, to carry out sexual acts with them. His lawyers, Cooper Legal, told us their client said he was 10 years old when Brothers McGrath and Moloney repeatedly sexually assaulted him. They raped him and forced him to engage in mutual oral sex. This happened in an old wooden house in the suburb of Wigram. They also said several nuns took him from his bed on “a number of occasions” and led him down a gravel path to the chapel at Marylands where other boys from the orphanage and several brothers or priests were present. The pews had been removed, and candles and incense were burning. He recalled being given red wine and injected with a sedative in a sick bay next door before being forced to carry out sexual acts on the other boys, nuns, and brothers or priests.[300]
Despite the evidence we have received from survivors that detail the interaction between the brothers at Marylands and the orphanage, including the Sisters’ reliance on the brothers to discipline children living at the orphanage, Sister Mary Monaghan, Regional Superior of the Congregation of the Sisters of Nazareth, said that “the sisters I spoke to have no recollection of any of the Order’s members ever visiting the orphanage, nor having any ongoing contact with the residents at the orphanage”, with the exception of one occasion where the brothers offered to help the Sisters with a fire that broke out.[301] In responding to the experiences of abuse suffered by children in the care of the orphanage, Sister Mary told the Inquiry that there are “only a few living sisters who had roles at the orphanage – most sisters who would have been present at the orphanage during the relevant period are deceased.”[302]
Another resident said a man who seemed to be in a position of authority at the orphanage sexually abused him. He was taken to the man’s office several times where the man fondled his genitals, gave him sweets and told him “not to tell anyone what had happened”.[303] In about 2006 or 2007, he read a newspaper article about a brother facing charges of sexual abuse and believed he recognised the photograph as the brother who abused him.[304] The Order refused to consider his claim for redress on the basis that the abuse took place in the orphanage, not at Marylands.[305]
Another survivor said a brother or priest made him and several other boys strip naked on a stage at the orphanage. The brother or priest fondled the boys’ genitals until a nun interrupted them. He said he was raped twice while walking by the Heathcote River that separated the orphanage from Marylands. He did not see the man or men who raped him.[306]
Survivor Mr AU said two priests sexually assaulted him days after he told one of them during a confession that his stepfather had sexually abused him. He said he believed the priests targeted him once they learned he had been abused before arriving at the orphanage. He said that during confession, the priest asked whether he got an erection during the abuse and kept seeking details about exactly what happened during masturbation and penetration:
“He kept asking me to describe what happened and how it felt. I was shocked that I was being asked for such details. This seemed completely unnecessary to me, and I felt very uncomfortable with these questions. I ran out of the confession booth. I told Sister Xavier about this. She told me that that was between me and God.”[307]
Mr AU said that two days after the confession, a nun took him to a room where he was forced to sodomise a young boy in front of two priests. Not long afterwards, he was “shipped out” of the orphanage, but not before being punished for trying to disclose the abuse.[308] Mr AU remembered drawing a picture later at another institution, of how he had been abused because he “could not talk to anyone about it. A nurse thought I was just being dirty and erupted about this. I was placed in isolation for two weeks with only a mattress.”[309]
The Inquiry heard from other orphanage survivors who had similar experiences. Mr IY described being taken to a storeroom, where he was raped by a priest.[310] Another survivor recalled being told by the sisters that it was time for him to ‘take confession’: “We would go to the church and be sitting there, and next thing the father’s hand was down your pants. This happened in a little room near the chapel.”[311]
Whakarāpopotonga o ngā tūkinotanga i te whare
whakapani
Summary of abuse at the orphanage
Ngā tūkinotanga i te Tarati o Hebron
Abuse at
Hebron Trust
Cooper Legal, who acted for many Hebron Trust survivors, spoke to the severe nature of the abuse at Hebron Trust in comparison to their other work over the years. They said, “we have dealt with literally thousands of victims”, and that the “brutality and severity” of Brother McGrath’s abuse towards Hebron Trust victims was “at the top of the scale in terms of its nature, severity and long-term damage”.[313]
Ngā hara taitōkai i te marae
Sexual abuse at a
marae
I whakaponotia ō Parata McGrath rongo
Brother McGrath
had a trusted reputation
“He was so well connected and so admired. Even my family doctor of 26 years told me that Brother Bernard would never do that kind of stuff. The community loved him.”[320]
“The trust and respect given to Brother McGrath as a religious youth worker and a father figure to troubled young people was a key tool in his abuse being able to occur, as well as a particular image he would invoke as part of his grooming. As noted below, he would befriend boys by putting hands on their shoulders and calling them 'son'.”[321]
Survivor Mr GJ was nine or 10 years old when a friend took him to visit a Hebron Trust property, saying that Brother McGrath would give them money and drugs. Brother McGrath supplied both Mr GJ and his friend with petrol and glue and then sexually abused them: “Because I was high on petrol, I did not really take in what was happening to me.” He recalled his friend receiving money after this first incident:
“We left after this. I didn't get any money, but my friend did. I think this might have been for bringing me there, but I'm not sure”.[323]
Te Whakarekereke me te taitōkai
Violence and
fear
“It is important to emphasise that the rapes from Brother McGrath had an added violent, ritualistic and fetishistic component. During most of the rapes, Brother McGrath would put a scarf in Justin's mouth and tape his mouth with duct tape, presumably to prevent him from making a sound. Brother McGrath also had handcuffs and would handcuff Justin to the bed and blindfold him. He was very rough towards Justin once he was bound, gagged and ‘trussed up’.”[325]
Another victim said Brother McGrath threatened to throw him into a river and drown or stab him if he told anyone about the abuse.[326] One survivor placed with Hebron Trust described intense feelings of humiliation after Brother McGrath raped him and left him in his room after the assault. He lay there “bleeding and crying, with faeces everywhere.[327] Some of the other boys came home later. I remember that one of the boys opened my room and laughed at me. I was still laying there, crying, because it hurt so much.”[328]
Te hara taitōkai hei whakawhiunga
Sexual abuse as
punishment
“The brothers had a bach on Waikuku Beach, north of Christchurch. I remember Brother McGrath taking us kids there ... [w]hile we were walking on the beach [one of the boys] started getting grizzly and hanging back. Brother McGrath went to get him, put his hands over his throat and swung him around, then he threw him out into the surf. I just looked at Brother McGrath, and he looked at me in an ‘I dare you’ sort of way. [This kid] went under water and I ran out and hauled him up. He was choking and terrified. I pulled him back onto the beach. Brother McGrath then kicked me, picked me up and pulled me over to the sand dunes. Then he made me masturbate him in front of everybody, which I think was his way of reducing the mana of what had just happened.”[329]
“I remember being drunk. I also remember putting my bike against the wall and smashing a window ... soon after, Brother Bernard’s van came up the driveway ... I knew I was in trouble ... Brother Bernard came into my room, yelling and screaming at me ... [h]e told me I had to be punished. Brother Bernard told me to pull my pants down and bend over ... and started smacking me with something like a cane ... he then raped me. I remember that I was screaming and crying. I also remember that my faeces were everywhere. I was covered in faeces. Brother Bernard started shouting at me, calling me a filthy, filthy boy. He also kept hitting me.”[331]
Te whānui o ngā tūkinotanga
Extent of
abuse
The information provided by the Catholic Church authorities included recorded reports of abuse by the Order’s brothers.
Te nui o ngā whāwhākitanga e ai ki ngā
raraunga i whoatungia e te Rangapū
Number of allegations according to
data provided by Order
Ngā momo whāwhāki - Types of allegations
Tokowaru ngā parata i tūkino i te tokomaha o ngā
tamariki me ngā rangatahi
Eight brothers abused multiple tamariki and
rangatahi
Te whakaaweawe o ngā takakinotanga me ngā
whakangongonga
The impacts of abuse and neglect
Te tūkino me te whakamataku, te noho i te pāweratanga
Cruelty and terror, lives lived in fear
Ngā pānga whawhati tata o te takakino me te
whakangongo
The immediate effects of the abuse and neglect
“Soon after the rape, I started to have serious pains in my anus, which would almost buckle me over. I remember that I continued to have these pains until I was in my 20s.”[351]
“Oral and anal sex were eventually a daily occurrence. My bottom would often be sore because of the abuse and on multiple occasions I recall it being purple in colour.”[352]
“It was quite common for us to have to apply cream medication for anal fissures (splits and infection in the anal passage) to some boys. I believe that the boys’ medical records would have recorded this and may assist in identifying those children. The treatment for the anal fissures involved inserting tubes of ointment into the anuses of the boys affected.”[353]
Kua whāwhākia e ngā tini purapura ora ngā
mate hinengaro kua pā ki a rātou
Many survivors report they suffer
with mental health conditions
“He has been diagnosed with Complex PTSD, depression, anxiety, and drug abuse issues as a direct result of the abuse he suffered at the hands of Brother McGrath.
Mr HF abused drugs and alcohol, particularly alcohol, to suppress the memories of the abuse.
Even when engaging with us, Mr HF still carried a great sense of shame about being a victim of sexual abuse. This was particularly troublesome for him as a long-term prison inmate.
Mr HF has problems with relationships and intimacy. He has had ongoing physical health issues because of the damage to his anus.”[360]
Ko tōna hautoru ka tahuri ki te tarukino, ki te waipiro
rānei hei whakamauru i ngā takakinotanga
About three quarters
turned to drugs or alcohol to cope with the abuse
“It shut me off from what was going on. It helped me take no notice of what was going on with the brothers. It shut it out, relaxed me, calmed me. Without it I was always fired up, I never let my back down. Even now, I’m always watching.”[361]
“I remained an alcoholic for the next 30 years of my life (except for periods of imprisonment) and this cost me in terms of money, relationships, employment and my health.”[363]
Another Hebron Trust survivor, Mr HQ, had struggled to form any sort of relationship that was not based on drug abuse. He was addicted to drugs and alcohol, had committed violent offences and had been in prison numerous times: “He has had no meaningful relationships or friendships. He says that all his relationships have been built on a common addiction to drugs and pills.”[365]
Ko ētahi ka taka ki te kiri haehaetanga me te kiri
tūkinotanga
Some resorted to self-harm or self-mutilation
“Mr HC tried to suppress the memories of the abuse by Brother McGrath, by using drugs and alcohol. He tattooed himself all over his body, to make himself unattractive. Mr HC resorted to violence. He described not trusting others and suffering from low self-esteem.”[366]
“Because of Mr HD’s hatred for the Catholic Church, he has turned his whole body into a demon. Mr HD has covered his whole body in tattoos of demons’ heads, all because of Brother McGrath. Mr HD still carries hatred towards Brother McGrath and will never forgive him.”[367]
“I went to Hillmorton Hospital for about three weeks for self-harming and then they sent me to Princess Margaret Hospital for respite then to Burwood Hospital.”[368]
He nui te hunga i whakaarotia te whakamomori, ā ko
ētahi i mahia atu
Many contemplated suicide, with some taking their
life
“I wanted to have a conversation with him about McGrath. He said ‘what for?’ and I said that McGrath had been interfering with boys at Marylands. I asked him – ‘did he interfere with you?’ And [he] told me that he did not want to talk about it.”[370]
“I wouldn’t be in the state I am today and most of my life, because as you get older it’s killing me.”[371]
“I feel crap. I feel rubbish. I feel like my life’s not worth living. I’ve almost committed suicide once or twice. And one day it will happen because I can see the strain that I face.”[372]
Tuakiri ā-ia, ā-taera
Sexual and gender identity
“[The abuse] certainly confused me sexually. There were times when I didn’t know if I was male or female. I’ve felt intense shame and have struggled to understand my sexuality at times, I can say that the abuse has made me feel sexually inadequate – I didn’t know if I was Arthur or Martha. I had a gay relationship after my marriage ended. I also tried to have [a relationship] with a woman at the same time and neither of them worked. Figuring out my sexuality was an issue for me throughout.”[375]
Te ngaromanga o te whakapono me te wairuatanga
Loss of
faith and spirituality
“Since being at Marylands I have always felt anger about how I was treated. I will never forget Marylands until the day I die. I have driven past the site a few times on Nash Road, Halswell when heading to south Christchurch and it triggers the bad memories.”[384]
Te ngaromanga o te ahurea Māori
Loss of Māori
culture
“I was separated totally from my Māori culture. I’m not Māori, I’m a native of this land. I don't have culture. The only sense of belonging and support I ever felt was being part of a criminal gang.”[385]
Te korenga i āhei ki te whakapono
Inability to trust
“I do not have relationships because I do not believe in them. I also have a lot of trouble trusting people. I am also anti-authority to the extent that I have no trust or faith in any government department or the courts. I believe that people are not safe, even when they are just walking in the street. There is nothing to help people when they have been hurt.”[388]
Te pānga o ngā whakangongo ā-ako
Impact of
educational neglect
“I could not even go into a shop when I left Marylands. I was so frightened I would wait until all the customers left and then go and ask the cashier how much to give over. We just did not know what money was.”[389]
“[E]verything I know now, I have taught myself. I can read now, but very slowly. It has affected my ability to get jobs. I've been robbed.”[390]
Te rawakoretanga me te kāingakoretanga
Financial
hardship and homelessness
“I remember how freezing cold this house was. He was in very poor physical shape. We sat on the floor in his room and he was very apologetic that he could not offer us chairs. He turned on a small electric heater that he had borrowed from someone especially for our visit. He was so proud to offer this to us.”[396]
“I remember that some of the other patients at the Ashburn Clinic supported me financially for a bit, but I felt really bad about this. I asked to be sent back to prison, but my probation officer wouldn’t do that.”[397]
Ngā tūkinotanga i raro i te taurimatanga ka
tūhonohono ki ngā mahi taihara mō muri ake
Abuse in care
linked to later criminal offending
“Mr HO describes leaving home after he was abused by Brother McGrath. He started to sniff glue and became a skinhead and a drug addict.
Mr HO started to offend. He had a brief admission to Kingslea in 1992. By that stage, he was prospecting for a gang.
From there, Mr HO progressed to prison. He has been in and out of trouble. He still has problems with drugs and alcohol.”[398]
Ko ētehi purapura ora i tahuri ki ngā kēnge
Some survivors turned to gangs
“I ended up on the street trying to find a family, so I joined the Mob. I would have been around sixteen years old. I stayed down the river in Hamilton under a bridge. The Mob gave me a sense of belonging and they felt like family to me. They took me under their wing and I was brought up by some of the boys in the Mob and their ladies. I learnt a lot from them, but I also did silly stuff. I eventually learned from all my mistakes but at the time, that was family to me.”[406]
Whakawhanaunga ki ngā tamariki
Relationships with
tamariki
“I have never been given the chance to develop proper parenting skills, and because of this I have had my children taken away from me. I have never been taught about normal physical and emotional relationships with people I love.” [408]
“When I bathed my daughter, I was paranoid and always asked her to sit facing away from me. I had a fear of touching her and even doing small things like putting talcum powder on her after a bath. I was also worried about what my daughter would think.”[409]
Whakawhanaunga ki ngā hoa tāne/hoa wahine - Relationships with partners
“When my wife went out with her friends, I would fear that she would abandon me. Sometimes she would come home after having been out and I had tipped the whole house upside down while she was out as I could not handle the situation. I would have been drinking heavily to deal with the stress. I was also generally suspicious of anyone who tried to help me ...”[416]
“I thought no one would love me and that I was disgusting ... [We] have had sexual problems as I get memories of the abuse when we have sex and this makes me feel terrible. We do not have children.”[417]
Whakawhanaunga ki ngā mātua
Relationships with
parents
Te tuku ihotanga o ngā pānga mai i tētehi reanga
ki tētehi, me ngā āhuatanga ka mauroa
Long-lasting and
intergenerational impacts
Ngā Whakakitenga: Te āhua, te whānui me
ngā pānga o te takakino me te whakangongo
Findings: The nature,
extent and impacts of abuse and neglect
Te āhua o ngā tūkinotanga me ngā
whakakitenga whakangongo
Nature of abuse and neglect findings
a) At Marylands:
- Extensive and extreme abuse and neglect of tamariki occurred including:
- sexual abuse by brothers
- sexual and physical abuse by boys at the school towards other boys
- physical abuse, sometimes of an extreme nature by brothers
- pervasive neglect by brothers including neglect of basic needs and cultural, medical, emotional needs, as well as the need for a loving home
- pervasive educational neglect by brothers, children’s development and progression in learning was not prioritised
- emotional and psychological abuse, including witnessing violence and sexual abuse and perpetual fear
- religious abuse
- cultural abuse.
- Survivors experienced racism.
- Marylands had selection processes, policies around admissions and teachability, and standards of care for disabled children that we now understand to be reflective of ableism.
b) At Hebron Trust:
- Extensive and extreme abuse of rangatahi occurred including:
- sexual abuse by Brother McGrath.
- physical abuse, sometimes of an extreme nature.
- emotional and psychological abuse, including witnessing violence and sexual abuse, and perpetual fear.
- religious abuse.
- cultural abuse.
- Survivors experienced racism.
Ngā whakakitenga: Te whānuitanga o ngā mahi
tūkino me te whakangongotanga
Findings: The extent of abuse and
neglect
a) It is likely that more disabled boys were abused at Marylands than the Inquiry has knowledge of. There are significant barriers to the disclosure and reporting of abuse by disabled survivors.b) Based on the evidence the Inquiry has received, approximately half of the rangatahi who used Hebron Trust’s services were rangatahi Māori. As set out in He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhānui, Māori and Pacific people face high barriers to disclose abuse.[425] There are likely to be Māori and Pacific survivors who have never reported their abuse, neglect or both and who have not received assistance or support.c) Even on the basis of the incomplete data, and the known barriers to disclosure and reporting, when comparing Marylands and Hebron Trust to other inquiries around the world that have investigated similar abuse, we are aware of no other circumstances or institution where the sexual abuse has been so extreme or has involved such a high proportion of perpetrators over the same extended period of time.
Ngā whakakitenga: Ngā panga o te tūkino me te
whakangongotanga
Findings: The impacts of abuse and neglect
d) All survivors of abuse and neglect from Marylands, the Hebron Trust and St Joseph’s Orphanage who the Inquiry has heard from, have experienced significant and life-long impacts to many facets of who they are, their relationships, their potential, and the life they lead. These impacts include:
- physical injury, health and illness
- devastating mental health impacts, including self-harm and suicidality
- criminal offending and addiction, including substance abuse
- struggles with sexual and gender identity
- loss of faith and spirituality
- financial hardship and homelessness
- lack of education, leading to further financial hardship and employment insecurity
- inability to trust and difficulties in relationships with children, partners and whānau.
e) Some Māori survivors were also harmed by targeted racial abuse and cultural neglect, which resulted in additional harmful impacts.
f) Disabled survivors experienced additional trauma from targeted abuse that we now understand to be ableist abuse. Where survivors weren’t able to verbalise their trauma, inadequate supports were in place to assist them, such as supported decision-making or the use of augmented alternative communication.
g) We have received evidence to suggest that some of those tamariki and rangatahi who were abused, neglected or both at Marylands, the Hebron Trust and the orphanage have taken their own lives, or have died as an indirect result of their experiences.
Ngā wheako o ngā purapura ora:
Survivor
experience:
Ms DN for her brother Mr DO – “They’ve
destroyed so many lives”
|
Anonymised in order to protect identity of
Mr DO, brother of Ms DN[426] |
|
|
Age when entered care
|
8 years old
|
|
Age now
|
Deceased
|
|
Hometown
|
Auckland
|
|
Time in care
|
1965–1974
|
|
Type of care facility
|
Catholic school – Marylands School.
|
|
Ethnicity
|
Pākehā
|
|
Whānau background
|
One of 11 children, the only one to go into care. Parents deceased.
|
My brother, Mr DO, died in 2022 aged 65 after getting cancer. He was repeatedly anally raped by the brothers at Marylands School, which he attended from the age of eight through to 16.
Doctors said the tumour was a squamous cell carcinoma of the HPV virus and that it was consistent with the abuse he suffered as a child at Marylands.
The look on his face when he said, “I have cancer, don’t I?” just broke my heart.
The tumour was large and wept constantly. My brother was forced to wear large nappies because of faecal incontinence – the doctors were worried that the tumour would come right out of his buttocks. He became unhappy and extremely irritable. In the words of one of my sisters, he lost his spark.
My brother was considered ‘slow’ or ‘behind’. We never got a proper diagnosis but later learned he was born with a congenital intellectual disability. My mother wanted the best education possible for him, and the opportunity for him to go to Marylands, this so-called amazing boarding school, was the answer to our prayers.
My brother’s behaviour changed significantly for the worse because of Marylands. When he came home for visits he didn’t want to go back, so we wouldn’t tell him when it was time to leave again. He would cry a lot, but he couldn’t articulate what was wrong and why he was so distressed. We would send him off with new clothes, toiletries and so on, and he would come back to us wearing someone else’s shoes, no socks, no underwear – and we would have to start all over again. It was incredibly expensive.
We could never have anybody over to our house when he was home for the holidays. We never knew how his behaviour, personal hygiene and toilet skills would be. Looking back, it was obvious he was experiencing bowel problems – he’d go from constipation to diarrhoea. He would soak his underwear and bed linen as he had weeping secretions from his bowels. Sadly, it was a medical condition that could not be washed away – it was probably anal trauma. He had no issues like that before he went to Marylands.
My parents suspected Marylands was neglectful, but the brothers made out as if they were running some type of highly specialised programme that could not be disturbed. My mother visited the school and was appalled, but when she questioned them she was told: “You don’t know how lucky you are to have these brothers caring for your child.” She felt humiliated and she never took it further – you just didn’t question ‘authority’ like that back then.
My brother was totally unprepared to live in the outside world. He couldn’t read or write, he could hardly use a knife and fork. His oral and dental hygiene was truly appalling. Eventually we had his teeth removed and he got dentures. The dentist said it was one of the worst cases of dental neglect he had ever seen.
My brother was a lovely lad. He could be very funny, and ultimately he did amazingly well despite limited to no education and given what happened to him.
It saddens me deeply to know that my brother’s life was cut short because of what happened at Marylands. I am angry and bitter. I always said my brother was never going to be a rocket scientist, but he was funny, charming and loved by all his siblings. He loved telling everybody that he had so many sisters who all fussed over him. He’d say that sometimes all we did was talk and he needed a break from us, which was probably true.
My mother was always told by the Catholic hierarchy that she was lucky the St John of God brothers were there to help boys with disabilities, but sadly they did not live up to their name. They have destroyed so many lives.
Ngā wheako o ngā purapura ora:
Survivor
experience:
Steven Long – “I want my demons to speak, I want to
be heard”
|
Steven Long[427]
|
|
|
Age when entered care
|
2 years old
|
|
Age now
|
56 years old
|
|
Hometown
|
Napier
|
|
Time in care
|
1968–1982
|
|
Type of care facility
|
Foster care;
Catholic school – Marylands School; Family Home – Terrace Street Family Home (Palmerston North); home for the intellectually disabled Levin Hospital and Training School Kimberley Hospital; Boys’ homes/schools – Christchurch Boys’ Home, Hokio Beach School, Holdsworth School, Kohitere Training Centre, Ōwairaka Boys’ Home, Wesleydale Boys’ Home; psychiatric hospitals – Carrington Hospital, Lake Alice; youth facility – Manawatu Youth Centre; hostel – Anchorage Hostel (Hamilton); corrective training – Turangi |
|
Ethnicity
|
New Zealand European.
|
|
Whānau background
|
One older sister.
|
|
Currently
|
Reunited with his sister in 1997 after separation.
|
I had meningitis when I was very young, and my mother told me I got mild brain damage as a result. At five years old I was described by a paediatrician as being “a typical example of the hyperactive, minimally brain damaged child with compulsive behaviour and minimal powers of concentration.”
I would’ve been okay though, if not for Marylands School.
My early years weren’t happy, and my sister and I were taken away by Child Welfare and separated. I didn’t see her again until I was an adult and she tracked me down. My mother had problems and Social Welfare didn’t want me to be placed with my dad, even though he repeatedly asked to have contact with me. The few times I was allowed to live with him, everything went smoothly.
I was six when I was sent to Marylands, the youngest boy there. On my first day, someone had defecated in the gym and one of the brothers accused me of doing it. He physically rubbed my face in the faeces. All the other boys laughed at me.
Brother McGrath was a sexual predator. The first time he sexually abused me, I was sitting on his knee in the TV room. There were other boys there, and he started ‘twitching’ his penis against my buttocks. It was like he was acting out some of his fantasies. Later that evening he told me to come into his room, where he sexually abused me. I was horrified and scared. I went to one of the other brothers to tell him what happened, but he told me not to stir up trouble. I was beaten by one of the other brothers for ‘telling lies’ about Brother McGrath.
Then Brother McGrath beat me – he stripped me naked and beat me with a cane. I was curled up in a ball on the ground. He beat me so severely that my knees cracked, and I still have scars. He then sodomised me, either with his finger, penis or the cane – I’m not sure.
Brother McGrath always wanted to come into the dormitory and ‘cuddle’ us boys. If I refused, the next day I’d get a beating from him. He would strip me naked, beat the crap out of me, then sexually abuse me. He always threatened me to keep my mouth shut and told me that no one would believe me if I said anything.
Once I ran away and he caught me. He beat me, then locked me in a room for a month. I got one meal per day – of mashed potatoes. He took everything out of the room except the mattress and sheets. He sexually abused me in that room, too. I used to scream and yell for ages in there.
Brother McGrath would also kick me between my legs. One time my testicles got really swollen. I thought I couldn’t have kids – so later in life when my son was born, it was a real shock.
When I was 10 years old, Brother McGrath caught me holding a pack of cigarettes belonging to another boy. As punishment, he made me sit in front of all the boys and smoke a whole pack of cigarettes. He made me inhale the smoke on each puff. This started my addiction to cigarettes.
My father wasn’t allowed to visit me at Marylands. My mother did visit me but because I’d had so many different placements in care, I hadn’t seen her for four years and I thought she was just another foster mother.
Social workers didn’t care. I reported the abuse, and watched them write it up, but it’s not even in my social welfare file. Nobody listened, I was just sent back to Marylands.
The brothers were treated like a law unto themselves. Brother McGrath had left the country by 1981 but he went on to sexually and physically abuse dozens of boys. The State should take some responsibility for this, because I told them he was an abuser.
I went to many other care institutions as well as Marylands. I became depressed, I tried to take my own life at nine years old and I was angry, with a death wish because of all the rejection. I was only 13 when I was admitted to Carrington Hospital for psychiatric assessment, then I went to Lake Alice.
As an adult, I was in prison more often than not. I’d learned to survive behind closed doors, because I’d become institutionalised. When I was out in the community, I couldn’t cope, so I committed crimes just so I could get back into jail. I’d been in institutions for so much of my childhood – they were just preparation for prison.
Because of being in care, I had PTSD and chronic anxiety. I’m angry that throughout my childhood I was put in danger and into situations where I was harmed. I’m angry I wasn’t heard, and that my father was not given a decent chance with me. Things would have been different if I’d been placed with my dad. I suffer from nightmares and flashbacks about everything I’ve experienced, all rolled into one.
I gave evidence in the two Marylands trials and after that I started trying to change myself so I could stay out of prison once I got released. I got out in 2011 and I haven’t been back to prison since then.
Before, when I spoke up about Marylands, which resulted in Brother McGrath and Brother Moloney being convicted, I was only acting as the speaker for my demons. The full story couldn’t come out about how powerful the brothers were – they had us all to themselves, and they could hurt any defenceless little kid they liked. Now, I want my demons to be able to speak out about what happened in full detail. I want to be heard. I want justice to be served for all of us who were hurt by these monsters.
Upoko Tuarima: Ngā nawe me ngā Kawenga
Chapter
Five: Complaints and Accountability
Whakatakinga
Introduction
Te whakautu a te Kāwanatanga ki ngā nawe mō
ngā tūkinotanga
Responses by the State to complaints of
abuse
Te whakautu a te Rangapū me te Hāhi Katorika ki
ngā nawe mō ngā tūkinotanga me te panoni wāhi
noho
Responses by the Catholic Church and the Order to complaints of abuse,
including geographic cure
“Systemic abuse happens when good people place their trust in organisations and believe and hope that they stand for good, not for evil. Systemic abuse continues to take place when it is in the very DNA of the culture of any organisation. St John of God brothers demonstrate that they have caught a kind of organisational amnesia. They seem to have found a collective mute button, worldwide. Such an abusive culture installs a filter on the lens they use to see victims as they truly are. They install a damper, some blinders, some organisational ear plugs and then take a nap. The St John of God brothers as a worldwide organisation seem to have a need to erase these stories in each and every country they operate, misplace these tapes, zoom out, and slowly dissolve to black.”[456]
Te panoni wāhi noho- te whakanekeneke i ngā parata
kaihara mai i tētehi whakahaere ki tētehi, whai muri i ngā
nawe
mō ngā mahi tūkino
Geographical cure – moving offending
brothers from one institution to the next after complaints of abuse
Ngā hāmene taihara ki ngā parata - Criminal prosecutions against brothers
Parata McGrath (ngā hāmene i te tau 1993 me te tau
2006) Parata Moloney (hāmene i te tau 2008)
Brother McGrath (1993 and
2006 convictions) and Brother Moloney (2008 conviction)
Uiuinga Parata McGrath
Brother McGrath
investigation
“I have witnessed many changes in policing over my years serving in New Zealand. There were very few male victims of sexual offences up until the 1990s. Back in the 1960s, you would have heard comments like ‘just harden up’ or similar, if a male wanted to complain.”[469]
“This was rather annoying because I believed it was a direct result of both McGrath and the Order of St John of God learning of my investigation. I was speaking to numerous people in connection with the Hebron Trust at the time, so there was no way that they were unaware.”[471]
“...I got the run-around from the church when I attempted to get lists of attendees at Marylands and the Hebron Trust. Most of the time I hit a stone wall. I struggled getting records from Marylands School and was told by the diocese that the records were either lost or unable to be located. I also struggled to get any useful records from the education department.”[472]
2002/2003 ketuketutanga a ngā pirihimana e pā ana ki
ngā tūkinotanga i te Kura o Marylands
2002/2003 police
investigation into abuse at Marylands School
Police said that the reasons why many former pupils didn’t make complaints to them included: “intellectual ability to give evidence in court hearings, previous criminal offending and lack of respect/trust in police, fear of the judicial system, and in many cases embarrassment and reluctance to disclose the offending and effects of the offending in court.”[487]
Unlike the approach that would likely be taken now in a mass allegation situation, police did not carry out scoping interviews of all the people who attended Marylands or Hebron Trust to find out whether abuse had occurred.[488] NZ Police say that in deciding not to approach all 537 former pupils of Marylands, consideration was given to the extensive media reports asking victims to contact police, the number of victims who had come forward already, and the interviews with complainants who had named other students as possible victims or witnesses to abuse. Those people were then contacted by investigators and asked if they had been abused too.[489] Detective Superintendent Read said that investigating officers were conscious that being contacted by police can be difficult for victims,[490] but also acknowledged that an approach to all former pupils “...would have necessitated a far larger response”, indicating resourcing was a factor.[491]
The Operation Authority police investigation team was small, involving Detective Superintendent Read, a detective sergeant and three detectives who were selected for their “particular skill, sensitivity, and experience in handling this type of investigation”.[492] However, at the time police had no specific training in dealing with at-risk adults, disabled people[493] and Māori or Pacific complainants.
Police worked with others to try and support the complainants, including Ken Clearwater, an advocate with the Male Survivors of Sexual Abuse Trust in Christchurch. The Trust provided specialised support to the complainants throughout the investigation and court processes, as did other counsellors and support people.[494] Police spoke to the whānau of complainants and to current caregivers to assess needs and the best ways of interviewing and providing support.[495]
Of the 58 complainants[496] who made statements to police of sexual abuse by brothers at Marylands, approximately 20 percent alleged a single incident of abuse. Most complaints described multiple occasions of abuse, and 18 complainants disclosed abuse by more than one perpetrator. Of those, five reported three or more perpetrators.[497] Three complainants described more than one perpetrator abusing them at the same time and a “handful” described another student being present.[498]
The alleged abuse included the full range of sexual offending from indecent touching to anal sexual violation. Many complainants described coercion and pressure to comply including rewards and threats, or actual physical violence during the sexual abuse. Complainants described being physically injured by the abuse, including rectal bleeding.[499]
The complainants were aged between six and 16 years old at the time of the abuse.[500] The delay between the abuse occurring as a child at Marylands and reporting to police as an adult ranged between approximately 17 to 45 years.[501]
Police only recorded ethnicity for 47 of the 58 complainants,[502] of whom 43 were recorded as European/Pākehā and four as Māori. Detective Superintendent Read described data on disability as ‘somewhat unclear’: “Approximately 21 of the 58 complainants indicate that they had a disability in their formal statements. The disabilities referred to include autism, dyslexia, intellectual disabilities, and learning disabilities. A number of other formal statements indicate the complainant was sent to Marylands due to behavioural issues and/or being a ‘slow learner’.”[503]
Police attempted to obtain other evidence to corroborate the complainants’ allegations. They gathered historical documents from Brother Peter Burke and from complainants and their families, including photographs, Department of Education records and school records. Detectives interviewed surviving staff members and other potential witnesses named in the complainants’ statements.[504]
In June 2003, four detectives travelled to Australia where they interviewed complainants and members of the Order as witnesses, and tried to interview four of the brothers named as perpetrators. Of those, Brothers Lebler and Moloney declined to be interviewed.[505]
Not all survivors were happy with the way police dealt with them.[506] Detective Superintendent Read acknowledged at the Inquiry’s public hearing that the investigation process requiring re-interviewing was traumatising for some complainants.[507]
But some spoke highly of the officers who ran the investigation. Ken Clearwater, an advocate who worked with many of the survivors, said:
“The police that were involved went above and beyond. They were so easy to work with. I admired the work they did at the time especially with the lack of resources, which was appalling. We are talking about people who had spent their lives fighting police officers being able to work with them through this process due to the empathy that the cops showed. Without that empathy I doubt things would have gone far. That needs to be acknowledged.”[508]
Ehara i te mea i hāmenetia katoahia ngā nawe i
whakatakotongia ai
Not all complaints resulted in charges being
laid
“The large number of complainants and the consistency of their evidence meant that we were able to lay charges in respect of more complainants than we likely would have done if that complainant’s cases was prosecuted in isolation. Extradition requirements also placed some restrictions on charging decisions. Australian authorities do not recognise representative charges and so we had to specify each charge as a set of circumstances at a particular time in order to satisfy Australian extradition requirements.”[518]
Tukunga panapana tāngata kia tae mai ai ngā parata ki
Aotearoa ki te whakatinana i ngā hāmene i a rātou
Extradition
proceedings to bring brothers to face charges in Aotearoa New
Zealand
“The Catholic Church wanted me to keep the abuse quiet. They said I could lose my house and all sorts of things like that. ...I was afraid that if I said anything they would want their money back and I was afraid to lose my house. That’s why I didn’t go to the police initially.
I eventually filed a complaint with the police though, purely out of anger. I wanted to have those responsible exposed and held accountable in a court of law. I was prepared to give this evidence at trial for Br Thaddeus, but this never occurred as the Australian courts refused to extradite him to NZ. I felt that he got away with his offending as I never got to explain what he had done to me. ...
I went to [St John of God] in Halswell to find out where Brother Thaddeus was in the early 2000s. I paid $100 to Grant Cameron who hired a detective to find him. I went out there, and they said he was in Papua New Guinea, but he was actually in Australia. ...
I feel the church has betrayed me by failing to accept responsibility in any form of public manner for hiding my abuser. It fuels me with anger and despair.”[527]
Tukunga hāmene, he rite tonu tā ngā parata
whakatakoto wero ki ngā taunakitanga
Prosecution phase, the brothers
continue to challenge the evidence
“We were concerned about the extent to which some complainants would be able to withstand cross examination, both in terms of their personal resilience and their suggestibility. That was an ongoing assessment carried out by police and later by the Crown, with input from family and caregivers of complainants.”[530]
“It should be noted that Marylands School was designed and set up to provide accommodation and assistance for troubled boys. Many of the pupils attending the school suffered from physical and mental handicaps, and others from severe behavioural problems.
PBA has spent many years in a mental institution. Initially he made a complaint in relation to four St John of God Brothers. By the time his interviews had finished allegations were made against up to 12 brothers. The officer in charge of the case ... accepted that PBA's evidence was very unsatisfactory. The Crown, through ... responsibly accepted those difficulties.
In light of that I am quite satisfied it is appropriate to discharge both Accused, pursuant to s347, on all counts where PBA is the complainant.”[531]
Whakawā a te kōti ki Niu Tīreni mō Parata
McGrath rāua ko Parata Moloney
New Zealand Court hearings of Brother
McGrath and Brother Moloney
Brother Moloney faced 30 charges at trial relating to 11 complainants. His defence was that the complainants were lying, or that they were mistaken as to who had abused them.[544] During the trial, the judge dismissed some of the charges. Brother Moloney was convicted by the jury on seven charges of doing and inducing indecent acts on five complainants.[545] He was acquitted of 16 other offences, including sodomy.[546]
On 1 August 2008, Brother Moloney was sentenced to two years and nine months’ imprisonment.[547] In the sentencing notes the judge noted that a dominant aggravating feature was the breach of trust arising from his role as Prior, and said: “It was your role to provide for the particular needs of the pupils, but you abused a number of them instead.”[548] The Judge recorded that Brother Moloney maintained his innocence and had no insight into his offending.[549] He was released from prison, on parole, in September 2009.[550]
Survivors were pleased that both Brother McGrath and Brother Moloney were sent to prison but thought the sentences should have been a lot longer. Darryl Smith said:
“Although I wasn’t a witness I had gone to the trial wanting them to get imprisonment for life, but what they got was not the result we wanted. The Marylands ex-students were all there and we were all wild.”[551]
Parata Raymond Garchow
Brother Raymond Garchow
“I very strongly feel that justice has never been served for me. I believe that Br Garchow should have faced a criminal trial for what he did to me and other boys at Marylands School. He got away scot-free.”[560]
I te rā i tīmata ai te whakawā a te kōti
mō Parata IU, i whakatauria kia whakatakaroatia ngā whakahaere
o te
kōti
Brother IU was granted a stay of proceedings on the day his trial
was due to start
“I made statements to Christchurch police in relation to abuse I suffered ...
It was a stressful time having to relive the memories of the physical and sexual abuse I had endured ...
In making a complaint to the police it was my intention to have those responsible exposed and for them to be held accountable in a court of law. I was prepared to give evidence at a trial for Brother [IU], but this never occurred as the trial was cancelled at a late stage. I felt that he and the others, who had since passed away, had gotten away with abusing kids as we never had the opportunity to tell the truth in court.”[572]
Kawenga taihara a te Rangapū
Criminal
accountability of the Order
Ngā hāmene āpiti nō Ahitereiria
Further Australian convictions
Kāore i kaha tā te Kāwanatanga aroturuki,
ahakoa ko rātou ngā kaiwhāngai pūtea matua
State
provided minimal oversight, despite being major funder
Kura Ahumahi o Stoke, tē arohia o te ripoata a te
Kōmiti a te Karauna
Stoke Industrial School Royal Commission report
ignored
The State was already aware that abuse could occur within residential schools. This is not the first time abuse in a Catholic school has been the focus of a Royal Commission. In 1900, a Royal Commission investigated Stoke Industrial School (Stoke School), run by the Marist Brothers, a congregational Order, in Nelson.[581] As a result of the 1900 Royal Commission’s report, the State and Catholic Church were aware of serious concerns that could arise when allowing a non-State entity to operate a residential school.
Stoke School was a privately registered school that housed both neglected and ‘criminal’ children.[582] The school was originally run by the local bishop, who handed it over to the Marist Brothers in 1889.[583] Before 1900, complaints surfaced around the level of care the children were receiving. Concerns were raised that punishment was more severe than would be permitted at a State-run industrial school,[584] the food was of poor quality and insufficient quantity, and the boys were poorly clothed.[585]
The 1900 Royal Commission upheld the complaint that punishment was more severe than permitted. Corporal punishment by way of flogging with supplejacks was considered to “[verge] on cruelty”.[586] The Royal Commission recommended legislation be amended, so the relevant punishment regulations applied to all schools, both public and private.
The 1900 Royal Commission found:
“The Marist Brothers have had no experience in the Australasian Colonies except at Stoke, of any but day-schools, and are therefore untrained in the special duties involved in the management of boys permanently with them, while the habit of life of members of the Order cannot be regarded as calculated to develop those characteristics which are necessary to engender such feelings as should exist in those having charge of young lads.”[587]
Hē nō te Kāwanatanga
State oversight
“In introducing the requirement for compulsory registrations [of private schools] ... the Government feels that it is not sufficient that we should allow any person to open a school in any sort of building and with any sort of instructions. To the children who attend these private schools the Government owes some duty to see that the schools are reasonably efficient, just as in the case of nursing-home, private hospitals, dentists and plumbers we insist on registration to protect the public and secure efficiency.
The concept of efficiency meant the:
Premises, staff, equipment and curriculum of the school are suitable; that the instruction afforded therein is as efficient as in a public school of the same class; that suitable provision is made for the inculcation in the minds of the pupils of sentiments of patriotism and loyalty.”[589]
Ngā whakaurutanga, me te korenga o te Te Tari o te Ora i
whai i ngā aroturukitanga
Placements and failure of monitoring by
Department of Social Welfare
“In terms of my placement at Marylands, MSD said that it had found no practice failures or breaches of Child Welfare’s duty of care. This was because I was not under any formal status at the time of my placement ...
... Cooper Legal took issue with MSD’s tendency to absolve itself of any liability on the basis that during particular periods I did not have any status, and therefore Social Welfare was not required to do anything. Cooper Legal pointed out that this was a completely self-serving argument which had been run every time there had been a trial about the extent of the Department’s duty of care. Cooper Legal pointed out that such arguments had failed in previous cases before the courts.”[612]
Te korenga o te Rangapū i whakautu i ngā whakapae
tūkino i te Kura o Marylands
Failure by the Order to act on allegations
of abuse at Marylands School
Failure by the Order and Hebron Trust to act on allegations
of abuse
Te korenga o te Rangapū me te Tarati o Hebron i whakautu i
ngā whakapae tūkino
“Before his arrest, as soon as we became aware of allegation [sic], Brother Bernard [McGrath] was removed from ministry and was admitted immediately to an appropriate treatment facility in the U.S.A. It has been a very difficult time for all concerned and I ask for your continued prayerful support.”[622]
Knowledge and accountability for abuse by the Catholic
Church and the Order
Te mōhiotanga me te kawenga mō ngā
tūkinotanga a te Rangapū me te Hāhi Katorika
Letters written in 1977 alleging abuse against Brother Moloney
and Brother McGrath – the Order failed to act
Ngā reta i tuhia i
te tau 1977 e whāwhākia ana ngā takakinotanga a Parata Moloney
rāua ko Parata McGrath-
me te korenga o te Rangapū i whakautu
“I have just returned from Christchurch. ... I am sure you would be pleased to hear from me that, after careful enquiries into the allegations made in relation to Marylands, I am convinced they were completely unfounded. More than that, I am equally sure they are the work of a ruthless and vindictive member of the teaching staff. You need have no further concern about that matter. It is over and done with – although I will not be surprised to have a recurrence when it suits the person involved. ... It was good to hear your voice on the ‘phone the other night.”[637]
“The letter sought the transfer of the brothers away from Marylands and cited incidents of alleged sexual misconduct as the basis for their transfer. The letter was anonymous, and no names were provided. It was determined that the allegations as set out in the letter could not be sustained and in the circumstances no further action was deemed appropriate.”[641]
“I have been advised that Bernard McGrath was moved from Marylands in 1977 because of allegations of abuse. I believe Brian O’Donnell received a letter alleging serious misconduct by a brother at Marylands. ... I understand that [Moloney] organised for handwriting samples to be taken from the staff to establish the author’s identity.”[645]
Te whakawhitinga mai o Parata DQ ki Aotearoa i te tau 1982,
whai muri i ngā whakapae tūkino ki a ia i Ahitereiria
1982 transfer
of Brother DQ to Aotearoa New Zealand, following abuse allegations against him
in Australia
Te whakatau i te tau 1986 kia tukuna a Parata McGrath kia hoki
ki Ōtautahi ki te whakahaere ā-tikanga kore nei i waenga
o te hunga
taiohi
1986 decision to let Brother McGrath return to Christchurch to operate
unsupervised among young people
Te Tariti o Hebron: Te korenga o rātou i whakautu 1992
Hebron Trust: Failures to act in 1992
Nawe mō Hebron 1992
1992
Hebron complaint
Whakapae tūkino, Mei 1992
May 1992 allegation
“There is no evidence and I want each of you to remember that a person is innocent until that person is proved – and I underline the word proved – guilty. The person involved in this allegation is Bernard. The allegation is sexual assault. Now from the beginning I want each person here to treat this matter as highly confidential matter for the following reasons: -
A person’s good name is at stake.
That person is also the Director.
Hebron’s (the young people’s) good name is at stake.
Your jobs depend on Hebron’s good name.
This is a time of support of Hebron, of Bernard, of each other.
It is not a time for assumptions, for gossip, for imagining possibilities, or for talking amongst ourselves even.
A second reason for confidentiality is that tomorrow, next week, next month, next year, this could be you or me.
Please protect Hebron as you would wish to protect your family, yourself. Hebron (young people) and Bernard are important to each of us.
They are our bread and butter.
They are our vocation and our community.
They are our friend.
We care about Bernard and we care about Hebron.”[666]
Hune ki te Tīhema 1992
June to December 1992
“Allegations have been made, you do not need to give me any details, there is an official Protocol that is fair & just for everyone concerned (so no problems like USA arise[)]. Brian is the official contact person. Dangerous for B to return to N.Z.”
“Brother Smith advised the Australian complainant that Brother McGrath was being removed from his work and had agreed to come back to face the allegation, which would be dealt with through an independent investigation.”[696]
I te tau 1992 i whakatakotoria tētehi nawe ōkawa ki
te Rangapū mō Parata McGrath
In 1992 a formal complaint was made to
the Order about Brother McGrath
Ngā whanaketanga a Te Tarati o Hebron i te tau 1993
Hebron Trust developments during 1993
“As soon as these allegations [against McGrath] arose the Order took immediate steps to remove the person concerned from the programme on which he was working. He underwent hospitalisation in Australia for treatment and has since been undergoing specialist medical treatment in the USA.”
Ka utua a Parata McGrath e te Rangapū i tana
whakawāteatanga
Order makes payments to Brother McGrath in 1996 when he
exits
Ka whakamōhiotia te Minita Tari o te Ora mō ngā
hāmene a Parata McGrath
Minister of Social Welfare informed about
Brother McGrath charges
Whakaputanga Pāpāho, ka
whakahoungia e te Rangapū āna rautaki hei whakautu i ngā whakapae
tūkino
Media coverage, and the Order revises its approach to abuse
claims
“The Bishop of course had his own agenda, and Brother Burke left that meeting absolutely furious. I remember him storming out of the place and we kind of galloped down the street at a very fast pace and found a coffee shop. He was very upset. The Bishop had basically told him that he wanted this matter shut down as fast as possible. ‘Get it out of the media, there’s too much going on in the papers, shut this down and shut these people up.’”[747]
Ka tohua a Tā Rodney Gallen e te Rangapū kia
arotakengia te tukanga whakatau mō ngā purapura ora o ngā
tūkinotanga
Sir Rodney Gallen engaged by Order to audit its settlement
process for survivors of abuse
Ketuketutanga a ngā pirihimana, kāore e tika ana
ngā tukanga tiaki ahurea 2002/2003
Lack of culturally appropriate
processes during 2002/2003 police investigation
“Recognising these barriers has contributed to the change in process whereby Police now involve agencies to help with culturally appropriate engagement.
... In today's environment Police can seek assistance and support for victims from specialist iwi and ethnicity-based support agencies that cater to different cultural needs of victims during investigation processes and court cases.”[765]
“The principles of te Tiriti and tikanga Māori were not explicitly part of Operation Authority's engagement with complainants, including Māori complainants. All investigators on Operation Authority were Pākehā.”[766]
Ngā wheako o ngā purapura ora hauā i te
punaha manatika
Disabled survivors’ experiences of justice
system
“The test is always whether the possible charge meets the Guidelines. Disability may impact in some circumstances on both the evidentiary test and the public interest test. If disability affected a witness’s ability to recall and describe the offending, that would impact on the assessment of whether a matter met the evidentiary test. Where a prosecution is likely to have a very significant negative impact on a complainant, that factor may weight [sic] against laying a charge. Disability may in some circumstances be relevant to assessing the possible impact of a prosecution on a complainant. On the other hand, the seriousness of offending will be aggravated where the offending is against a vulnerable victim. Disability will often mean a victim is more vulnerable, and so this factor may also weight [sic] in favour of laying a charge.”[773]
“He was on the stand and proceeded to gesture with his hands that he was anally penetrated; it was not a soft gesture, it was aggressive and violent. I was a bit taken aback. Throughout ... his evidence, I was so proud of him getting up there and doing it, but I felt that he was unprotected and looked so vulnerable. I desperately wanted to be up there with him. We were not allowed to be together beforehand, due to suggestibility and contamination of evidence, but I do think that if I had been able to assist him with his evidence, it would have led to a better outcome. I know how to communicate with him and can help him articulate his thoughts.”[774]
“Any propositions put to him would have meant he would have just said ‘yes’ and not answered the question properly. If I had been there with him, helping him answer the questions, I believe his answers would have been true.”[775]
Detective Superintendent Read agreed it could be difficult for disabled people to get a fair hearing because criminal trials depended on clear communication, an ability to handle cross-examination, and an understanding of complex procedures in court that can move very quickly.[780] He also said the system did not serve victims of sexual abuse, whether disabled or not. He discussed various potential solutions including having one specially trained person to ask questions of all witnesses, whether for the prosecution or the defence, using written questions that are first reviewed by the presiding judge to make sure that they are not offensive, or having a separate sexual violence court or a separate disabilities court.[781]
Ka whakatakaroatia tā te Rangapū tukanga manaaki i
ngā purapura ora
Order’s pastoral process for survivors put on
hold
Ka tonoa e te Rangapū tētehi arotake, e
whakawhāiti mai ana ki te tukanga whakatakoto nawe
Order commissions
review, which is confined to complaints process
"It was not I bringing disapprobation, but those men belonging to the St John of God Brothers (and their protectors) who had sexually, physically, emotionally, spiritually and psychologically abused little boys who were in their care in Marylands School.”[796]
“I have been pleased to note that this conclusion of this independent review is that the management process was ‘substantially sound’ and (generally) ‘conducted with the utmost good faith and best intentions’.”[805]
Ka whakahokia e te Rangapū te matatapu, te whakakapinga
whakamutunga o ngā whiti mō ngā whakataunga
Order reinstates
confidentiality, full-and-final settlement clauses
Kāore te Rangapū e hiahia ana ki te hahu ake i
ngā pirautanga o ngā mahi tūkino
Order uninterested in getting
to root cause of abuse
“The Order recognises that this was wrong. We profoundly regret the abuse that was allowed to happen both because this system was in place and because fundamentally inadequate responses were taken at the time to allegations of abuse”.
However, the takeaway message from Brother Graham was that the systems in place were exploited by certain individuals, not that the systems themselves had failed. When discussing the practice of moving brothers between institutions, Brother Graham stated:
“To our deep regret and shame, we now realise that this system was vulnerable to exploitation by abusers and those who sought to cover up their abuse.”
“The brothers shamefully acknowledge the great harm that has been perpetrated by some of our members.”
“By repeatedly saying, it was only one person, or two people responsible for the abuse, it seems like the Church is setting up a scapegoat(s) to protect the Church. This effectively tries to draw attention away from the other substantial allegations of abuse against the 21 brothers and others.”[824]
Whakataunga ā-pūtea mō ngā purapura ora
Financial outcomes for survivors
Ngā kerēme i whakatakotongia atu ai ki te
Rangapū
Claims made to the Order
Ngā kerēme ki te Manatū Mātauranga me te
Manatū Whakahiato Ora
Claims made to Ministry of Education and Ministry
of Social Development
“After 12 years in DSW care and nine years fighting the Ministry of Social Development with my lawyers, this offer was like a kick in the head. It was blood money, or chump change. The Ministry basically told me ‘we’re sorry, but we can’t do anything real for you, get on with your life’.”[840]
“...there are a number of reasons for that and bearing in mind this is the thinking at the time, is that many faith-based institutions had their own processes. There was a view that it’s not appropriate to receive multiple payments for the same allegation of abuse. We’re not in a civil context where we’re looking at joint tortfeasors and trying to apportion that.
The other thing is that we presume that the church would have the documentary records, and lastly that it’s more appropriate to get an acknowledgement and apology from that particular organisation.”[845]
“During the period that children were placed at Marylands School, children and young people were able to be placed in State care in accordance with the provisions in the Child Welfare Act 1925, the Guardianship Act 1968, or the Children and Young Persons Act 1974. Those Acts then provided that the CWD [Child Welfare Division] or DSW [Department of Social Welfare] had responsibilities in respect of those children and young people.”[848]
Te Whare Pani o Hato Hōhepa - i roto i ngā
puretumu
St Joseph’s Orphanage – Redress
Puretumu torowhānui mō ngā purapura ora
Holistic redress for survivors
“I want this abuse to never happen again. The whole thing feels like a horror story, I find it difficult to believe that it could have happened.”[851]
“Peace does not even exist in my world, as there has never been any acknowledgement as to what happened to me as a little boy, an innocent defenseless boy.”[852]
“Justice needs to be done. That includes being paid proper compensation rather than just being shut up and being put aside. This has got to come out.”[853]
Kāore i tika ngā utu paremata
Inadequate
financial compensation
“St John of God’s compensation was inadequate to me. They paid some people a lot more than I was paid. I accept that they may claim that they don’t know the full extent of it however I do not feel that what they gave me was sufficient compensation for what I had been exposed to at Marylands.”[854]
“When I think, now, about redress, I think about what the average person makes by way of salary on an annual basis. Over the course of my life, I have lost hundreds of thousands of dollars in terms of my potential earnings because of the impact of the abuse in care. That is how I think redress should be calculated. It should take into account where I would have been, if the last 45 years had not followed the path they have, because of the abuse I suffered as a child in care.”[855]
“All I want is comfort now. I want a house where myself and my children can come and go from.”[856]
“[my sister] says that if the government paid compensation, I could live in a better room in my rest home and have a better quality of life.”[857]
Te hāpai ahurea i roto i ngā puretumu
Culturally appropriate redress
“No...To my shame we did not – I did not know enough, I was ignorant of the culture and the respect that the culture should and could have been paid.”[858]
“To be honest, I didn't really understand much about what was going on... I met with Peter Burke from St John of God at the Star and Garter Pub in October 2002. That's where he met with quite a few of the complainants. He took notes of our meeting in letter form, but he did not ask about my experience in much detail. I felt that he wanted to deal with us as quickly as he could, the quicker he got us out of there the better. It was difficult to trust him.”[859]
Te hāpai purapura ora i roto i te puretumu torowhānui
Survivor-centred redress
“Any future redress process needs people involved who have an understanding of being a victim. Unless you have been a victim you don't understand what one goes through. You don’t know what is required to heal, to get through the healing process or even have the belief and strength to disclose in the first place. It must be a survivor led and informed process.”[860]
Te puretumu torowhānui mō ngā purapura ora ki
Ahitereiria, ngā wawata mō Aotearoa
Redress for survivors in
Australia, hopes for Aotearoa New Zealand
“If it wasn’t for the courtesy of the Queensland government I wouldn’t be where I am now. That was a recent settlement where my lawyer’s fees were paid, and I received a settlement as well. Queensland has more support for survivors than in New Zealand, take for example the Forde Foundation that was set up after the Inquiry.
At the Lotus Place, there is support there for financial grants, medical costs, dental, start-up costs for a flat and furnishings, educational grants. I received an educational grant for a laptop, for example.
It has a physical location in Brisbane where there is a complete building dedicated to survivors where they can walk off the street, get a coffee, get help, speak to someone.
There’s an 0800 number, there are services available there, like meetings for survivors and cooking classes, all sorts of things going on.
They also help with advocacy for Centrelink, which is Queensland’s equivalent to WINZ. They tell the government what supports survivors need, Lotus Place would meet with Centrelink on behalf of the survivor, or the survivor might be there too. Together they work out what would be available between the state’s interests and the survivor’s needs. Lotus Place shows that they’re there for the long haul.
The Royal Commission Act also shows survivors in Australia that the changes are there for the long haul. New Zealand also needs to commit to redress in legislation.
I have the same hopes for the outcomes for survivors from the Royal Commission in New Zealand.”[861]
Ngā takahitanga o te ture tikanga tangata - Potential breaches of human rights law
The State’s potential obligations to those in the care of church institutions can be seen in a decision of the European Court of Human Rights in 2014. The court considered Ireland’s obligations to protect children sexually abused in the early 1970s at a school owned by a Bishop of the Catholic Church. The majority of the court referred to the absolute prohibition against torture and inhuman or degrading treatment or punishment as “one of the most fundamental values of democratic society”.[872] It held that State Parties had to: “take measures designed to ensure that individuals within their jurisdiction are not subjected to torture or inhuman or degrading treatment, including such ill-treatment administered by private individuals.”[873] This positive obligation to protect had to be interpreted so that it would not impose an excessive burden on public authorities. However, “the required measures should, at least, provide effective protection in particular of children and other vulnerable persons...” The State was obliged to take “reasonable steps to prevent ill-treatment of which the authorities had or ought to have had knowledge”.[874]
The majority held that this positive obligation assumed: “particular importance in the context of the provision of an important public service such as primary education, school authorities being obliged to protect the health and well-being of pupils and, in particular, of young children who are especially vulnerable and are under the exclusive control of authorities.”[875] Ireland could not absolve itself of its obligations to minors in primary schools by delegating its duties to private bodies or individuals, including, in this case, the Catholic bodies responsible for the school.[876]
As part of the Faith institutional response hearing in October 2022, the Crown filed a memorandum with the Inquiry stating:
“24. Overseas case law suggests that s 9 of the New Zealand Bill of Rights Act (right not to be subjected to torture or other cruel, inhuman or degrading treatment) may, independently of s3(b) impose one or both of the following obligations on the State in respect of non-State actors:
24.1 A systemic duty to implement a legal regime that criminalised and punished acts of torture;
24.2 An operational duty to keep children in the care and control of the state safe from known or suspected risks of severe ill-treatment by:
24.2.1 adequately facilitating and investigating complaints of severe ill-treatment; and
24.2.2 adopting reasonable measures and safeguards to protect those children from that risk of severe ill-treatment.”[877]
“22. Any one can have obligations in relation to human rights as a result of s3(b) of NZBORA, but only if they are performing a public function, power or duty. This is likely to be the case where the State has empowered private citizens and other actors to provide care for vulnerable children.”[878]
Te Tiriti o Waitangi
(a) the Crown has Tiriti obligations as a Tiriti partner/signatory that include:[880]
(b) faith-based institutions are not Tiriti partners themselves, but:
Ngā Whakakitenga: Kawenga
Findings:
Accountability
The role of the State
a) The State registered Marylands as a private special residential school with knowledge that the brothers were not suitably qualified to teach, but could train and care for disabled boys enrolled at Marylands. The State only carried out minimal monitoring of Marylands.b) The Order’s operating model was dependent on State funding. If State funding had not been provided, the Order would have not been able to establish, nor continue operating, Marylands school in Aotearoa New Zealand.
c) The Crown failed to ensure the care provided at Marylands and Hebron Trust was consistent with the principles of te Tiriti o Waitangi, specifically tino rangatiratanga, partnership, active protection, kāwangatanga, mutual recognition, respect and equity.
d) Police made poor decisions in 1993 by agreeing not to interview Brother McGrath if he returned to Aotearoa New Zealand, and by later ‘custody clearing’ additional allegations of sexual offending received when he was imprisoned.
e) Social Workers and police failed to investigate, document or act on reports of abuse by boys who ran away, or were wards of the State attending Marylands school and Hebron Trust.
f) The criminal justice system did not ensure access to justice for tamariki and rangatahi, and especially for tamariki and rangatahi Māori and disabled people, including through the provision of accommodations, such as communication assistance or navigations, and there was a lack of culturally appropriate support.
g) The State has failed to accept any responsibility for the harm caused to those abused at Marylands and Hebron Trust.
h) Police failed to provide culturally appropriate processes when engaging with Māori and Pacific survivors during the 2002/2003 Operation Authority investigation.
Te mahi o te Hāhi Katorika
The role of the Catholic Church:
Te mahi o te Pīhopa Katorika o Ōtautahi
The role of the Catholic Bishop of Christchurch
330. The Royal Commission finds:a) The Bishop of Christchurch failed to properly assess the Order’s suitability to run Marylands as an educational facility.
b) The Catholic Church, Bishop of Christchurch and the Order did not ensure the Order’s members recognised the relevance of te Tiriti o Waitangi when caring for tamariki and rangatahi Māori and did not provide care that was consistent with te Tiriti o Waitangi.
c) The Bishop of Christchurch failed to ensure the Order responded adequately to reports of abuse and claims for redress from 1993, and appeared to be mostly concerned with minimising any harm to the Catholic Church’s reputation.
Te mahi o te Rangapū o Hato Hoani o te Atua
The role of the Order of St John of God
a) The Order failed to prepare the boys placed at Marylands for inclusive community living to enable full and ordinary lives. The education and training provided was not tailored to recognise their different skills and experiences. Students at Marylands spent a lot of their time working in the laundry, kitchen or on the grounds of the school.b) The Order repeatedly failed to pass allegations of sexual abuse against brothers on to police, in some instances. Instead the Order’s leadership transferred perpetrators elsewhere while taking no steps to safeguard other potential victims from these individuals.
c) The Order missed a clear opportunity to respond to reports of abuse by Brother Moloney and Brother McGrath in 1977. Had the Order taken appropriate action at that time, later prolific offending by these two brothers could have been prevented.
d) If the Order had responded appropriately to the allegations of abuse by Brother DQ in Australia, he never would have been transferred to Marylands to carry out further abuse.
e) The Order’s three provincials at the time, Brother Brian O’Donnell, Brother Joseph Smith and Brother Peter Burke, all failed to act on allegations of sexual abuse involving its members.
f) The Order appeared to have a practice of not making or keeping records of reports of abuse it received about brothers, and more generally. This absence of documentation prevented the Order’s ability to see the true extent of the issues and take appropriate steps in response. It has also meant limited records were kept regarding the ethnicity or disability of boys at Marylands and Hebron Trust.
g) The Order misrepresented that it had acted as soon as allegations were made against Brother McGrath in 1992. Contrary to what the Director of Hebron told the media in 1993, Hebron Trust had not “acted immediately” in relation to the 1992 Aotearoa New Zealand reports of abuse against Brother McGrath. Allegations were made in May and June 1992. Brother McGrath was not removed from his role at Hebron Trust until a brother came from Australia in August 1992 to take him to Australia after an allegation of abuse was made there.
h) The Order’s redress to survivors through its pastoral process had the potential to transform the lives of those traumatised by the abuse. The retraction of the pastoral process in 2004 caused further serious trauma.
j) Neither the Catholic Church nor the Order have ever initiated any form of investigation into why abuse at Marylands was so prolific.
Ngā wheako o ngā purapura ora:
Survivor
experience:
Mr JB – “I was my brother’s shadow, and he was
my protector”
|
Mr JB
|
|
|
Age when entered care
|
2 ½ years old
|
|
Age now
|
62 years old
|
|
Hometown
|
Christchurch
|
|
Time in care
|
1962–1969
|
|
Type of care facility
|
Faith-based orphanage – St Joseph’s Orphanage;
psychiatric hospital – Sunnyside Hospital; children’s home – Methodist Children’s Home |
|
Ethnicity
|
New Zealand European with Irish heritage
|
|
Whānau background
|
Mr JB has an older sister, and two younger half-brothers. Mr JB’s
older brother passed away, aged 40. His parents separated
when he was very
young.
|
|
Current
|
Mr JB has a daughter and a granddaughter.
|
My brother and I went to St Joseph’s Orphanage when we were quite young. My brother is a year and a half older than me. My mother suffered personal problems as well as domestic violence, and my father left when I was around one year old. Our mother struggled to cope, so my brother and I were placed at St Joseph’s Orphanage.
We were in and out of St Joseph’s several times, and on our last placement there had been a change. There were now the Brothers of St John of God, who ran Marylands School. This changed everything, as the nuns would take us over to Marylands, telling us that we were going over to the ‘bad boys’ hut’. The sisters labelled Marylands the bad boys’ place.
I was like my brother’s shadow and he was my protector. On weekends my brother and I would stay all weekend and we’d be subjected to sexual abuse by the brothers at Marylands. They would just take their opportunities.
Both my brother and I were sodomised and raped on at least 10 separate occasions by approximately seven brothers. Not only were we sodomised, but we were required to undertake oral sex on the brothers. This would happen in their private rooms, sometimes in the boiler room and sometimes at the swimming pool.
On occasion, my brother was given port wine to drink, or cigarettes, to make him more placid and pliable. The brothers would ask us to ‘do a chore’, and my brother would end up in the brothers’ house, where they would show him pornographic magazines. Sometimes the brothers would offer my brother bags of aniseed lollies to eat or have soft drink, which we never got at St Joseph’s, when he was sexually abused.
The offending against us was horrific and non-stop from the brothers at St John of God. I believe the nuns must have known what was going on. It was like a pecking order – the priests, then the sisters, then us kids.
St Joseph’s and Marylands were very close in proximity, with lots of trees and bushes that are not there now. To me, this enabled the abuse. There was a mixture of school fairs, swimming sports and schooling, which allowed the kids from St Joseph’s to mix with the St John of God Brothers and Marylands pupils.
It was almost as if the nuns got nastier as they got older.
I remember the beatings from about age four. My brother and I wondered what on earth was going on. Everything seemed to be a punishment and it made us nervous wrecks from the very start. Because of the beatings, I’d wet the bed, which resulted in getting whacked – so it was a vicious circle. They would humiliate us for wetting the bed, and we’d be treated like an animal. We were hit in class at any time and for no reason, just things like not keeping up or not learning your lessons properly.
The nuns wore black and white habits, with big sleeves for their arms where they often hid little weapons, like hitting instruments, to discipline us. They used canes to hit us but also the backs of knives or little stick things like the clubs that police used to use. They also hit us with the big crosses they wore around their necks. Sometimes, they’d twist my brother’s ear or hit him across the face. I remember a lot of blood on my clothes or on the floor. After a caning we were locked in a dark room under the stairs, like a cupboard, and left in there for at least a day with just a mop and a cleaning bucket.
Basically, the whole orphanage was based around fear. The boys were controlled by fear and would cower to the nuns, ministers and the brothers.
We sometimes had classes and the nuns used to force Latin down our throats. If we made mistakes, we were disciplined heavily in class – they’d bang you on the knuckles, which just made you a nervous wreck. At swimming sports, the nuns would throw me in the deep end and my brother would have to save me. Because of this, I now have a fear of water.
The food at St Joseph’s was terrible. They gave us bread dipped in fat at breakfast and we had to eat four or five slices of it, and I couldn’t do it. If I did eat it, I’d be sick on the bus on the way to school, and I’d get a whack for it. I think they made us eat the bread dipped in fat to make it look as if we were fed, but everything was stale and rotten anyway.
I remember several of the brothers of St John of God. They wore brown robes and were there during our last stays at the orphanage. There were also ministers who visited and wore black suits with a dog collar. One priest used to come to the orphanage more often than the other priests. He was in his 40s, wore glasses and was a reasonably tall chap. I also remember another priest with glasses who used to say mass at church.
There were quarters at the orphanage for the visiting priest to stay, and it was when these ministers were visiting that things would happen. They’d ask for some help with a little job, which led to further sexual abuse. I believe I was abused by around five different priests or brothers. I remember there were a couple of young ones, then the one who wore a Father Christmas suit, and also Bernard McGrath. While it wasn’t an everyday thing, I’d describe the abuse as opportunist, and that it occurred on a semi-regular basis.
We used to go to movie time to watch films in the dark, and the sisters would be wandering around as well as a few males. A minister or brother would be sitting next to you and they’d just stick their hands down your pants. The movies were once or twice a week and it appeared to be some sort of opportunity for the male adults to get their rocks off.
Once, my brother and I were told to put on tights and made to do a ridiculous dance over some swords that were lying on the ground. It was entertainment for the sisters and brothers who were laughing. Then the sisters left and we were left there to entertain the men. Next thing the tights were off and sexual things happened. We were forced to give blowjobs to the men, and eventually it led to the worst of the worst – sodomy.
Once, the sisters said it was time for my brother and I to take confession. We went to the church and we were sitting there, and next thing, the father’s hand was down my pants. This happened in a little room near the chapel where there was a table and a chair.
We disclosed the abuse – one time my brother and I tried to tell the nuns about what was happening, as we were getting older and starting to realise that it wasn’t right. Unfortunately, the response was ferocious. We were accused of being devils and were caned and whacked. They put soap in our mouths for the ‘dirty lies’ we were telling about the priests. It was humiliating, and they picked on us as a result of us trying to speak up.
They threatened to send us to Marylands to be punished, and said things like ‘how dare you say things about these mighty men’.
We also complained to our mother, but she didn’t listen. She wasn’t really with it and was basically a write-off. We told our aunties and I think they sort of knew about the abuse anyway.
My brother never recovered from the abuse he suffered at St Joseph’s and St John of God, it affected him for the rest of his life.
He was expelled from high school aged 14. A teacher put his hand on my brother’s shoulder and told him he needed to take his clothes off and go swimming. My brother was triggered, and he reacted immediately by turning around and punching the teacher. He was expelled and never went back to school.
My brother became heavily addicted to drugs, as did a number of boys we knew from St Joseph’s Orphanage. He lived a life of survival on the streets, and he spent time in jail. He tried to attack a judge because he was going to be placed in a jail cell, and he had claustrophobia.
He suffered greatly, until he took his own life at the age of 40. Just before this happened, my brother said he couldn’t take it anymore.
My brother steadily destroyed himself over the years. I dabbled in drugs a little, but I drank a lot more. That is what you do to try and suppress the trauma. As an adult I had a breakdown and the memories of abuse came crashing back. I lost my job, my girlfriend and my life spiralled. I ended up in Sunnyside Hospital for psychiatric treatment.
My life after St Joseph’s was shattered. I couldn’t form proper relationships with people and I am wary of everyone. I’ve never been married and I’ve found I gravitate to partners who have also been abused. If any women looks remotely like a nun, I get triggered, and whenever I see or hear anything to do with Catholics, I’m just filled with hate. I’ve had mates over the years, but I prefer a more hermit-type life – I don’t want to inflict pain on others.
I haven’t worked for over 20 years. Both my brother and I developed PTSD, anxiety disorders and insomnia. The PTSD stops me working, and I don’t sleep well enough to function.
While the physical damage is one of the nasty things you live with, it’s the mental damage that plays on your mind.
I have gone through a redress process with the Order of St John of God, and received an ex-gratia payment that gave me tangible help. It was, however, disproportionate to the effects of the abuse on my life.
I also complained about my time at St Joseph's orphanage and this is when I got involved with lawyer Grant Cameron. He represented several of us men complaining to the Christchurch Diocese and the Sisters of Nazareth. Initially the process went well but then the sisters hired a private investigator. I found the private investigator terrible and felt he was more interested in protecting men from the church that he knew himself, rather than help me.
Luckily the settlement did not depend on [the private investigator’s] report. Initially the settlement was good. A 10-million-dollar trust fund was set up for us survivors at St Joseph's. It was designed to assist us with loans and bills. At one time I asked to borrow some money for a house, but they kept procrastinating when I found a few houses, and they reneged their promise to help. All I got from them was around $30000. I found Sister Clare ok, but I did find it wrong that they were not concentrated on targeting or prosecuting the bad nuns.
Before we got any money, we were required to be assessed by a doctor. I had to be certified by psychiatrists from the Royal Melbourne Hospital, this was done at the St George Hotel. Sister Clare said she arranged specialists to meet us and assess us to ensure we were not lying. To me this was another abuse on top of what I’d already been through.
I also made a sensitive claim to ACC in 1983. They did an assessment and came up with $32 per week. I told them to shove it, when they said my ruined life was worth only that.
References
Witness statement, MR JB, WITN1171001 (Royal Commission of Inquiry into Abuse in Care, 28 April 2022).
Witness statement, Mr JC via his representative, Mr JB, WITN1171002, (Royal Commission of Inquiry into Abuse in Care, 28 April 2023).
Upoko Tuaono: Ngā āhuatanga i taka ai ki ngā
mahi tūkino, ki ngā mahi whakangongo i te wā o te noho
taurima
Chapter Six: Factors that caused or contributed to abuse and neglect in
care
Whakatakinga
Introduction
Ngā āhuatanga o te pāpori i whakakaha ake i
ngā mahi tūkino me ngā whakangongotanga
The societal factors
that enabled the abuse and neglect to occur
Te whakawātea hara me ngā whakaaweawenga (kino)
nā runga i te whakapono marika ki ngā ‘tāngata o te
Atua’ me ngā whakapono/hāhi
Impunity and the impact of
(misplaced) high trust in ‘people of god’ and faiths
“State agencies and unsuspecting Catholic parents trusted this church and gave over their care of their children to this institution at Marylands and many other places across New Zealand. Their trust has been devastating, has had devastating consequences for a significant number of the children placed in the care of the church.”[901]
“The Catholic Church is a comfortable environment for paedophiles. A lot of offenders seek situations where they can have access to children and where they have authority. So they have access, they have authority and they have the cover of a very respected profession.”[903]
“I never told my parents. I did not think my parents would believe me. I do not think anyone would have believed me. The brothers were respected in the community. They would have been believed over us boys.”[905]
“Brother McGrath would always threaten me to keep my mouth shut, and told me that no one would believe me if I said anything. We always knew that there would be repercussions for doing so, as we had all seen what Brother McGrath did. He put the fear into us all.”[906]
“On the second time Brother McGrath called me into his office, Brother McGrath sodomised me. After this, he threatened me again, saying that if I told anyone about what had happened, he was in with the police, and no one would believe me.”[907]
Ko ngā waiaro o te pāpori ka kitea i te āria o
te tinana pakari i taua wā
Society’s attitudes reflected the
ableism of the time
Ableism creates an ideal type of the perfect body and perfect mind to which all must strive. The closer one is to these ideals, the greater privileges they enjoy. Societal attitudes, reflecting ableism, disableism, audism, discrimination and ‘othering’, led to the large-scale institutionalisation of people into disability, Deaf and mental health care settings, including special schools.[913]
These views underpinned the legislation and the policy behind institutionalisation. Families were not properly supported to provide home care, and the State’s education department had not developed suitable local options for children who needed additional education or learning support. This led to State and private placement of disabled children into institutions and special schools where they were exposed to abuse.
Disabled children’s developmental needs were not considered important. Their specific health, educational, and social needs were not understood and were neglected. Local schools and teachers had not been equipped and trained to educate them, and families of non-disabled children generally didn’t want disabled children in their school.
We’ve heard from several parents who placed their sons at Marylands as their children were not adequately supported by mainstream schools. Ms IO felt that her son was being denied an education and that she had no other choice but to move her disabled son to a specialist boarding school. She said:
“From 6 – 7 1/2 years my son attended a school. They had difficulty dealing with him so advised us that he couldn't continue there because he was taking up too much of the teacher's time.
I knew I had to put my son into boarding school, or he would never have grown up and learnt how to fit into society. The education system, being what it was at the time, wouldn’t have taken him any further because he was viewed as being disruptive in class and taking teachers time away from ‘normal’ children.”[914]
“[T]he school wasn't happy handling him due to the amount of medication he had to take, and the final straw came when he jumped from one bench to another and broke his nose. That’s when he moved to St John of God, Marylands.”[915]
Te kaikiri, te korenga o rātou i whakamana i te ahurea, te
reo me te whānau
Racism, disregard of culture, language and
whānau
“Back then, discrimination against Māori was pretty bad so Dad used to pretend he was Italian. We weren’t encouraged to advertise our Māori identity.”[916]
“[T]here was no education on the indigenous / first nations peoples of either New Zealand or Australia. Unfortunately, this was the norm in previous decades, not only in religious formation but throughout society generally. There was no training on the cultural needs of any other groups either.”[917]
“Māori children specifically they hated with a passion. European children were treated with a wee bit of respect, but the Māori children were treated like dirt.”[918]
Ngā waiaro ki te hara taitōkai
Attitudes to
sexual abuse
Ngā take o te whakahaere
Institutional factors
I haria mai te ahurea tūkino tangata ki Aotearoa nei e
ngā parata o te Rangapū o Ahitereiria
Order’s Australian
brothers brought their culture of abuse to Aotearoa New Zealand
Te ariā tinana pakari i roto i te Rangapū
Ableism
within the Order
Te kaikiri ka heipū atu ki ngā tama whakaraerae
Racism and targeting of vulnerable boys
Te Kura o Marylands me te whare whakapani
Marylands School
and the orphanage
“Under the stairs, the brothers kept extra plates and other kitchen or donated items. One day, I came in from the shower room because I had been at rugby league practice. Brother Berchmans was in there with a young Down syndrome boy. The boy was only about 6 or 7 and he had his pants down, he was crying. Brother Berchmans was sexually abusing him, sodomising him.”[920]
“One day, we were put into a shed because we were Māori. We just had to stand there all day until the nuns said we could come out. It was a big shed, bigger than a house, that they store potatoes in. They never told us why, they just told us to ‘get in there you black buggers’.”[921]
Te tarati o Hebron
Hebron Trust
Tamariki and rangatahi Māori made up a large proportion of those that were cared for by Hebron Trust. Many were particularly vulnerable due to their personal circumstances, characterised by violence, poverty and at times a lack of whānau, hapū and iwi connection or support. This led to isolation, homelessness and a reliance on drop-in or residential housing services, such as Hebron Trust.
Brother McGrath was given a lot of freedom to run Hebron Trust as he liked, and he had significant power and influence, which increased over time. By at least 1989, Brother McGrath was firmly in charge of the whole group, and was referred to by the other staff as ‘the boss’.[922]
Brother McGrath’s targeting of Māori and Pacific young people through Hebron Trust was calculated and predatory. Brother McGrath worked to gain access and trust within this community of Māori and Pacific young people in Christchurch while working with Te Roopu Awhina, a drop-in centre for homeless young people and other networks.
Brother McGrath records that when he first started at Te Roopu Awhina, he felt he was a ‘stranger’ in the midst of the young people there who kept to themselves, talked among themselves, and greeted each other in te reo Māori. However, on 28 November 1986 the co-ordinator, Kupa Ngaira, informed Brother McGrath that the young people had had a meeting and wished to welcome Brother McGrath into their ‘family’. A pōwhiri was held a few days later.
Brother McGrath isolated Hebron Trust residents by targeting those with substance abuse issues. He would act as their advocate throughout the youth justice process, while at the same time continuing to supply them with drugs and alcohol.
Justin Taia, a Māori survivor who lived on the street as a teenager told us Brother McGrath would invite street kids to his house for food or a bed. Justin was sexually abused by Brother McGrath “hundreds of times”, usually under the influence of drugs and alcohol:
“Before the first rape, and before many of the other ones, Brother McGrath put some sort of drug in my drink, which made me dizzy. He also gave me a lot of alcohol (beer, Jack Daniels and Coke) and pills, like rivvies (Rivotril) as a bribe to get me to do what he wanted and to lower my inhibitions, or as a reward afterwards. He would be nice to me afterwards too, letting me drive his van and things like that.”[923]
Targeting by Brother McGrath (in the same way the vulnerability of children at Marylands had been targeted) and the abuse that occurred at the is a particular affront to Māori values and tikanga.[9]
Te tūkino whakapono
Exploitation of religious
beliefs
“[Brother McGrath] told Mr HI that he had the devil in him, and he needed to be clean. Brother McGrath also told Mr HI that he wanted to help him. The first episode of abuse took place in the chapel, where Brother McGrath rubbed water on Mr HI and stroked Mr HI’s erect penis.”[926]
Te ahurea o te murunga hara
Culture of forgiveness
Karekau he pūkenga, he tohungatanga
Lack of skills and
expertise
“... part of what happens when you get a culture that grooms people believing that they are something they are not, and it goes to their very core. So, this was a situation in which people were untrained and a situation in which also lay people worked. ... So, the window dressing is there, this is the grooming that society, that the New Zealand people, the parents, even the Government and other experts received. ...”[943]
“Didn’t have any, simple as that... They had us making nail boxes, tomato boxes, on looms making scarves, making rugs, everything for their faith. We were little slaves.
They had a classroom there, all done up, to make it look right, but we never learnt anything. If someone special came, they’d have us in the classroom making out that they were teaching us. When they were gone, we were out picking potatoes and working in the crops. We were just little slaves. No education.”[947]
Ahurea noho mū
Culture of silence
“The staff were very protective of Brother Bernard and again, I felt like the goal was to cover everything up. In the meeting, we were told that the enemy is within. The implication was that people disclosing abuse by Brother Bernard were doing the wrong thing; they were the enemy.”[952]
Ahurea whakapohapoha
Culture of excess
Te noho whakamohoao
Isolation
"When people ask me why we never got any help, I just answer that we couldn’t. We were isolated and surrounded by farmland. We weren't allowed out of there and no one was allowed in.”[968]
Te aroturuki me te aronga kore
Monitoring and
oversight
He iti noa iho ngā aronga koretanga a te Kāwanatanga
There was minimal oversight by the State
“We were in the wrong place at Marylands, we had no disabilities but other children at Marylands did”.[971]
“Marylands was a school for children with learning difficulties. The boys who made up the initial roll and I had no disabilities though. We were only there to look after the other kids and to work for the brothers.”[972]
“Under the 1989 Act, programmes or organisations had to meet a number of requirements before they could be contracted, and paid, to care for children who were under the custody or guardianship of CYFS. The scheme also provided for complaints to be investigated and the approval of an organisation suspended or cancelled, if necessary. While this sounded good in theory, the practice sometimes went horribly wrong.”[993]
“The division between ‘front line’ social workers and the Community Funding Agency created different measures of expectation. Complaints were not properly investigated and, even when complaints were substantiated, programmes continued to be used to care for children. Further abuse was the inevitable result.
The use of these kind of organisations has, at times, caused MSD to say it is not responsible or liable for the things that happened to people on these programmes. This is even where the children or young people were in the custody or under the supervision of CYFS, and where CYFS approved the programmes.”[994]
“The CFA Level One Standards in 1992 required the Hebron Trust to have a clear and understood grievance procedure for dealing with complaints from children, young people and families and a clear policy for dealing with any client's allegations of abuse from staff and caregivers. There does not appear to be a requirement in the CFA Level One Standards for Approval for a service provider to notify the CFA of any allegations or concerns received.”[996]
Ētahi atu wā kāore te Kāwanatanga i noho ki
te āta whakatikatika
Other missed opportunities for State
intervention
“I can remember being found by the police and returned to Marylands. On our return, we were physically disciplined by Brother Berchmans.” [998]
Ngā hautūtanga a te rangapū ki whenua kē
The Order’s leadership based overseas
Te Pīhopa Katorika o Ōtautahi –
The Catholic
Bishop of Christchurch
Ngā āhuatanga hāngai
Relational
factors
Whanonga āki taihemahema me ngā tūkinotanga i
noho māori i waenga i ngā parata me ngā tamariki
Sexualised
behaviour and abuse normalised between the brothers and children
“It was all just in my face – erect penises everywhere and love letters to other brothers. It was almost like I was meant to see these things. I think this was a form of grooming and it was totally inappropriate. We were living in a novitiate: a place where men ... are supposed to go to become holy.”[1008]
“The brothers would make us boys perform sexual acts on each other. This included sexual fondling and oral sex ... At the time I thought that this must be exactly what boarding school was like, because it was so common and normal at Marylands. Looking back at it now, I realise that this isn’t normal behaviour ... sexual indecencies between the boys were common and this behaviour occurred even when the defendants were not present. It seemed ‘normal’ and I was often involved in this type of behaviour.”[1011]
“Back at Halswell Road, I remember one of the Hebron boys asking me if I have had a ‘special cuddle’ from Brother Bernard yet. I had no idea what he was talking about.”[1012]
Mana titoki
Power and control imbalance
Ngā take ā-whānau, ā-takitahi
Individual and whānau factors
Ngā whanonga o te kaihara
Abuser behaviour
Ngā whakapōreareatanga i rangona ai e ngā
purapura ora, te takahi mana me te toihara
Barriers faced by survivors,
discrimination and disempowerment
Te tāmi i te mana o te whānau ki te whakatau take
Disempowering whānau in decision-making
He kōrero whakakapi
Concluding statement
Ngā Whakakitenga: ngā take i takakinotia ai ki
ngā mahi tūkino me ngā whakangongo i te wā o te noho
taurima
Findings: Factors that caused or contributed to abuse and neglect in
care
Ngā take papori
Societal factors
a) At times, society idealised the church and those who represented it were revered, resulting in a misplaced high trust of the Order by the State, the public and whānau. This resulted in the church, the Order and the brothers holding a degree of impunity.b) Social attitudes and a lack of understanding of sexual abuse of boys and disabled children prevented and delayed the disclosure of abuse.
c) Social attitudes, evident in regulatory frameworks, were reflective of eugenics, ableism, disableism, discrimination and institutionalisation of disabled children or children with any learning support needs.
d) Racism and discrimination, particularly towards tamariki and rangatahi Māori, were continued in the Order’s institutions, evident in targeted racial abuse and neglect.
Ngā take whakahaere
Institutional factors
a) There was a lack of monitoring and oversight by the State, the Order and the church from the date of application to establish Marylands and the development of Hebron Trust, until Brother McGrath’s departure.b) There were inadequate safeguarding policies for the boys and young people at Marylands and Hebron Trust.c) The State failed to act on abuse disclosures by the boys, to social workers and police. Young Māori and disabled boys in particular, were not understood or believed.
Rangapū Katorika o Hato Hoani o te Atua
Hospitaller
Order of St John of God
a) The Order in Aotearoa New Zealand had, at times, a culture of normalised, sexualised and abusive behaviour and sometimes perceived child abuse as a sin that could be forgiven, rather than a crime.b) The Order valued its reputation, its institutions and its brothers above all. A strong hierarchy within the Order perpetuated a culture of silence.
c) The State and the public were successfully convinced that the Order was operating a superior facility, which was the best place for boys, disabled boys and young people, to give them the strongest chance of positive life outcomes.
d) The Inquiry saw no evidence brothers and teaching staff possessed the necessary skills and expertise to: care for or teach children; support disabled children or those with learning support needs; understand te ao Māori; te reo Māori or te Tiriti o Waitangi nor the nature of the relationship between the Crown and Māori.
Ngā parata o Hato Hoani o te Atua - The St John of God brothers
a) Some brothers within the Order exploited religious beliefs, fear of God and religious teachings to abuse and prevent disclosure of that abuse.b) The abusive brothers were predatory and manipulative, deliberately targeting at-risk children and young people and exploiting safeguarding inadequacies for their own sexual gratification.
Ngā tamariki i tukinotia – Children exploited:
a) The environmental, emotional and cultural removal of tamariki from whānau and communities and placement in the physically remote Marylands and the orphanage, meant that in the event of abuse or neglect, disclosure opportunities were reduced.b) Children, especially tamariki Māori and disabled children, were undervalued, had no voice and were not understood or believed.
c) The Order and its brothers had control over every aspect of the children and young people's lives. Tamaraki, rangatahi and their whānau, hapū and iwi were disempowered from being involved in decision-making.
Whakatepenga
Conclusion
Glossary
Kupu
Disability terms
|
Ableism is a form of social devaluation whereby disability and therefore,
disabled people are seen to be a problem. If they cannot
be ‘cured’
they need to be kept separate from ‘valued’ society. When negative
assumptions are made about
the skills, capacities and interests of disabled
people, and when their lived experiences are denied.
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Audism
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Audism is an attitude based on pathological thinking that results in a
negative stigma toward anyone who does not hear; like racism
or sexism, audism
judges, labels, and limits individuals on the basis of whether a person hears
and speaks.
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Disablism
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Disablism is the specific discrimination arising from the belief that
disabled people are inferior to others.
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Eugenics
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A movement that viewed people with a disability, or non-European features,
and certain behaviours as genetically inferior and therefore
seen as
‘socially inferior’ and undesirable.
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Othering
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“Othering” refers to the process whereby an individual or
groups of people attribute negative characteristics to other
individuals or
groups of people that set them apart as representing that which is opposite to
them.
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Special Education
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Specialised or modified instruction for students with unique learning
needs, including students with identified disabilities.
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Māori terms
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Home, settlement.
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Kāwanatanga
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Governance.
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Manaakitanga
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Hospitality, kindness, caring for others.
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Tino rangatiratanga
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Self-determination.
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Tūkino
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Abuse, harm and trauma.
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Whanaungatanga
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Relationship, kinship, sense of family connection – a relationship
through shared experiences and working together which provides
people with a
sense of belonging.
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Religious terms
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A form of internal Catholic church investigation ordered by the Pope and
undertaken by his delegate or delegates.
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Archbishop
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In some Christian churches, an archbishop is a bishop of the highest rank.
Some archbishops have additional responsibilities compared
to other
bishops.
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Bishop
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In some Christian churches, the chief pastor or leader of local churches in
a region.
In the Catholic Church, and in some other denominations, a bishop is
appointed as a diocesan Bishop (or ‘ordinary’) and
oversees a
geographical area (‘diocese’), containing several local
churches.
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Brother
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In the Catholic church, typically a man who is a lay member of a religious
institute, who is not ordained. Brothers usually take a
vow of poverty, celibacy
and obedience. In some religious institutes such as the St John of God Order,
Brothers may seek ordination.
Even if ordained, the institute may continue to
refer to them as ‘one of the brothers’.
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Canon Law
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The body of rules and regulations governing some Christian churches and
their members.
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Clergy
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A body of ordained ministers. In many Christian churches this group
includes those ordained as bishops, priests and deacons.
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Confession
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Also called reconciliation or penance. In some Christian churches, the
practice of confession is an acknowledgment of sins in public
or private,
regarded as necessary to obtain divine forgiveness.
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Congregation
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An assembly of persons, especially a body assembled for
religious worship or habitually attending a
particular church.
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Contrition
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In some Christian churches, it is the practice or an action of sorrow for
one's sins.
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Fathers
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In some Christian churches, men ordained as priests are known by the
honorific title of Father.
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Holy See
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The diocese of Rome, is led by the pope, which has governance over the
Catholic church worldwide and also the city-state known as
Vatican City.
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Monastery
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A place where members of some religious institutes live in a structured
communal life of prayer, especially those communities with
members known as
monks and nuns.
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Ministry
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In Christian churches, the work of a person appointed and determined by the
church.
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Non-ordained/lay person
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Members of a church who are not ordained clergy, for example, a nun, lay
brother or other lay person.
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Ordained
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In many Christian churches, ordination is the ceremony in which a
person is dedicated or commissioned in a specific ministry.
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Pastoral Care / Process
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In this report, spiritual, social, emotional and material support for
individuals or communities. Pastoral Care can include visiting,
counselling or
otherwise helping people in the parish community who are experiencing a
difficult time with a focus on healing, reconciling,
guiding and
sustaining.
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Reconciliation
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In the Catholic church, reconciliation (officially called the Sacrament of
Penance, and also known as confession) is a sacrament where
a person
acknowledges sins, seeks forgiveness, and is absolved by the church’s
minister (a priest).
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Provincial/Regional Superior or Leader
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An officer of a religious institute (including religious orders and
congregations) elected by the members of the institute in a certain
region to be
their local leader.
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Religious vows and profession (or solemn profession)
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In the Catholic Church, the act (profession) of making vows - promises made
to God to act according to the vows within the ‘rule’
of a religious
institute. The common vows are poverty, chastity, and obedience. Some institutes
include other vows specific to their
work and life.
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Vow of chastity
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In the Catholic church, members of religious institutes make a promise to
love and serve unconditionally, forgoing all sexual activity.
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Legal terms
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A finding that an accused is not guilty of a charge.
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Admissibility (Admissible Evidence)
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Evidence capable of being received by a Court for the purpose of proving a
fact in issue, because it is relevant to the proceedings
in which it is tendered
or adduced.
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Appeal
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An application to a senior court to change a decision of a lower court or
tribunal.
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Charges
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A charge is a formal statement that a person is accused of having committed
a criminal offence.
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Complainant
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A complainant is "one who lodges a complaint to a decision-maker".
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Cross-examination
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Where a witness is questioned by the counsel for the opposing party. The
purpose of cross-examination is often to challenge the accuracy
of the
witnesses’ evidence.
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Crown Solicitor
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Crown Solicitors are private legal practitioners appointed on the
recommendation of the Attorney-General and by warrant of the
Governor-General.
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Dismissed
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Where a Court dismisses a charge. This can be done at any time before or
during the trial, but before the defendant is found guilty
or not guilty, or
enters a plea of guilty. The court may dismiss the charge on its own motion or
on the application of the prosecutor
or the defendant.
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Extradite / Extradition
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An official process allowing for the surrender of a suspected or convicted
criminal from one state or country to another.
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Filed
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An act of formally lodging an application or other documents in a
Court.
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Liability
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In legal terms, it means when a person is subject to a legal
responsibility, duty or obligation.
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Stay of proceedings
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An order made by a Court stopping an action proceeding further either
before or after a determination by a Court in respect of the
action.
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Severance of charges
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The singling or severing of two or more charges. This means one or more
charges may be heard separately.
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Suggestibility
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An inclination to readily and uncritically adopt the ideas, beliefs,
attitudes or actions of others, particularly ‘authority
figures’.
Suggestibility can be influenced by the authority of the person making the
suggestion.
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General terms
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In the care context, the legal term absconding includes leaving or being
taken from a placement or the care of a caregiver without
authority or
neglecting or refusing to return.
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Concurrently
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At the same time.
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Disapprobation
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Strong disapproval, typically on moral grounds.
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Impunity
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Freedom from punishment, harm, or loss.
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Religious abuse
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Using faith or church beliefs and teachings (including prayer, scriptures
and deference to God) to perpetrate abuse and harm, and
to discourage disclosure
of that abuse and harm.
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Societal
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Relating to society or social relations.
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Vulnerable
|
Those in the care of St John of God were vulnerable. However, in the care
context, a critical distinction to be made is that the vulnerability
of certain
groups or cohorts does not stem or arise from the characteristics of those
groups or cohorts.
When we speak about being vulnerable, we do so knowing that the
vulnerability stemmed from societal attitudes and prejudice. It was
the setting
the person was placed in that made them vulnerable to abuse and neglect.
Vulnerability is not inherent to any cohort.
Our use of the term vulnerable,
speaks to the setting, not personal characteristics.
This aligns with United Nations direction, which calls for us to pay
attention to communities in ‘vulnerable situations’
or those who are
marginalised.
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He Karakia
Purea, purea, purea nei e te murihau
e kawe nei i ngā wawara hei mamahutanga ake i te huamo tarariki e ngau kino nei
Purea kia wātea, purea kia tukuna, purea kia rere kau noa i te ātawhaitanga o ngā tīpuna
Tukuna kia horoia e te ua, koia rā ngā roimata o Ranginui,
he roimata tangata, he roimata ua.
Waiho mā ngā roimata kia horoia a mahara, kia horoia a tinana hei whakamauru i te mamae e kai kino nei
Tukuna, tukuna, tukuna kia rere kau noa ngā roimata,
Ka mao, ka mao, ka mao te ua kia puta ko te kupu, kia puta ko te pono, ka puta ko te māramatanga
Hikina aku kupu ki runga,
Kia whitiwhitia e te rā
kia rangona e ngā hau e whā
Ka tau, ka tau, ka tau mai te mauri
Haumi e, Hui e, tāiki e.
Let me be washed by the rain, the tears of Ranginui, as many are the tears of man, so too are the tears of the rain.
Leave the tears to wash the thoughts, to wash the body and ease the intensity of pain.
Release and let flow the tears ‘till the rain clears, making way for the words, the truth and understanding to come forth
Lift up my words to be warmed by the sun
To be heard by the four winds
It is done, it is achieved, the mauri settled
Join together, gather together, it is done.
May I be cleansed and uplifted by the gentle breeze
that carries the soft whispers to soothe the bitter grief that gnaws inside
May I be cleansed to be free, to be released, so I may fly in the kindness of my ancestors.
Dr Hana O'Regan
[1]Transcript of closing statement of Dr Michelle Mulvihill from the Marylands School public hearing, TRN0000417 (Royal Commission of Inquiry into Abuse in Care, 17 February 2022), para 619.
[2] When Marylands moved to Halswell.
[3] Under Aoteroa New Zealand
criminal law, someone can not be charged with rape of a male. Instead, the
charge is ‘anally sexually
violated’. However, for clarity and
familiarity for the reader, we use the term
‘rape’.
[4] NZ Police
Report Form, NZP0012793, p 6; Te Rōpū Tautoko Marylands Briefing Paper
5: Summary of the Hospitaller Order of
St John of God’s response,
knowledge and treatment of other alleged offenders, as amended on 29
September 2021, CTH0015243, para 96.
[5] NZ Police Report Form, NZP0012793, p 6: See also Te Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243, para 96.
[6] Te Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243, para 96; Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 836; NZ Police Report Form, NZP0012793, p 6.
[7] Te Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243, para 96.
[8] Te Rōpū Tautoko Marylands Briefing Paper #5, Summary of the Hospitaller Order of St John of God’s response, knowledge and treatment of other alleged offenders as amended on 29 September 2021, CTH0015243, para 57; See also Witness statement of Peter Read, NZP0042570 (Royal Commission of Inquiry into Abuse in Care, 5 August 2021) para 3.15
[9] NZ Police Report Form,
Detective Inspector Peter Read, regarding the completion of Police operation,
NZP0012793 (23 May 2010),
p
1.
[10] R v McGrath HC
Christchurch CRI-2004-009-002462, CTH0011911 (27 April 2006), para 4.
[11] R v McGrath HC
Christchurch CRI-2004-009-002462, CTH0011911 (27 April 2006), para
25.
[12] Sentencing notes,
Chisholm J, R v McGrath HC Christchurch CRI-2004-009-002462, CTH0011911 (27
April 2006), NZP0030905, para
6.
[13]ABC Australia notes from
sentencing of Brother McGrath, CTH0008331 page 47.
[14] Transcript of evidence of Peter Read from the Marylands School public hearing, TRN0000416 (Royal Commission of Inquiry into Abuse in Care, 16 February 2022), p 523.
[15] New Zealand Bill of Rights Act 1990, ss 3(b) and 1(2).
[16] Refer paragraph 298 to paragraph 313 of Chapter 5, Potential Breaches of Human Rights Law.
[17] Royal Commission of Inquiry into Abuse in Care, He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhanui (vol 1, 2021) MSC0008086, p 102.
[19] Crimes Act 1981, sections 128, 128B.
[20] Crimes Act 1981, section 2.
“Genitalia” is defined in section 2 of the Crimes Act as including a
surgically constructed
or reconstructed organ analogous to naturally occurring
male or female genitalia (whether the person concerned is male, female, or
of
indeterminate sex).
[21]
Transcript of evidence of Archbishop Paul Martin, TRN0000416, p 34, pp 500.
[22] Transcript of evidence of
Archbishop Paul Martin from the Marylands School public hearing, TRN0000416,
(Royal Commission of Inquiry
into Abuse in Care, 16 February 2022), p
33–34, pp
499–500.
[23] Witness
statement of Brother Timothy Graham, WITN0837001 (Royal Commission of Inquiry
into Abuse in Care, 28 September 2021),
para
12.
[24] Witness
statement of Brother Timothy Graham, WITN0837001,
para 13.
[25] Witness
statement of Brother Timothy Graham, WITN0837001,
para 13.
[26] Transcript of
evidence of Brother Timothy Graham from the Marylands School public hearing,
TRN0000415 (Royal Commission of Inquiry
into Abuse in Care, 15 February 2021), p
23, pp 384.
[27] Witness
statement of Brother Timothy Graham, WITN0837001, para
201.
[28] Letter from Prior
General Brother Pierluigi Marchesi to Brother Provincial, requesting circulars,
reports, meeting minutes and the
publishing of annual reports on the life of the
Province, CTH0013825 (30 September 1980) p 10; Letter from Brother John Gibson
to
unnamed brother, enclosing annual returns to Rome, CTH0013822
(undated).
[29] Letter from
Brother Joseph Smith to Brother Brian O’Donnell, update on Brother
McGrath’s conviction and sentencing, CTH0011833
(1 February 1994),
p 8.
[30] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243,
para 98.
[31] Transcript of
evidence of Brother Timothy Graham, TRN0000415, p 32
pp 392.
[32] Transcript of
evidence of Brother Timothy Graham, TRN0000415, p 23–24, pp
384–385.
[33] General
Statutes, Hospitaller Order of St John of God, General Curia, Rome, CTH0012271
(2019).
[34] For example: Letter
to Brother McGrath from Provincial Brother John Gibson, update on solemn
profession application, CTH0011823_00031
(12 June 1974) p
1
[35] Constitutions: Hospitaller
Order of St John of God, cl 87 (1984), CTH0012269,
p 29.
[36] Codex Iuris
Canonici (1983 Code of Canon Law), c. 333 §1.
[37] Transcript of evidence of
Archbishop Paul Martin from the Marylands School public hearing, TRN0000416
(Royal Commission of Inquiry
into Abuse in Care, 16 February 2022), p 19
pp 485. See also: Witness statement of Archbishop Paul Martin, WITN0876001,
(Royal Commission
of Inquiry into Abuse in Care, 24 September 2021),
para 7.
[38] Witness
statement of Archbishop Paul Martin, WITN0876001, (Royal Commission of Inquiry
into Abuse in Care, 24 September 2021), p
485.
[39] Submission of Reverend Dr.
Thomas P. Doyle, EXT0015926, (Royal Commission of Inquiry into Abuse in Care, 9
March 2021), para 162;
1917: Canon 216, 33460 1. The territory of every diocese
is to be divided up into distinct territorial parts; to each part specific
church and determined population are assigned, with its own rector as is pastor,
who is over it for the necessary care of
souls.
[40] Second Submission of
Reverend Dr. Thomas P. Doyle MSC0007384 (Royal Commission of Inquiry into Abuse
in Care, 1 September 2021),
p 7.
[41] Witness statement of
Monsignor Brendan Daly, WITN0934001, para
29.
[42] Witness statement of
Monsignor Brendan Daly, WITN0934001, paras
59–60.
[43] Witness
statement of Monsignor Brendan Daly, WITN0934001, para
105.
[44] Witness statement of
Monsignor Brendan Daly, WITN0934001, para
105.
[45] Transcript of evidence
of Archbishop Paul Martin, TRN0000416, p 28, pp 494.
[46] For further background
information on the care of Deaf and Disabled people, see: He Purapura Ora, he
Māra Tipu: From Redress
to Puretumu Torowhānaui, p 40–44.
[47] Patrick, Dr R, Going into
care in Aotearoa 1950–1999, WITN1095002 (Royal Commission of Inquiry into
Abuse in Care, December
2021), p 63 at
4.4.5.
[48] Spektorowski, A;
Ireni-Saban, L Politics of eugenics: productionism, population and national
welfare, (Routledge, 2013) p 24.
[49] Stace, H. and Sullivan, M.,
A brief history of disabililty in Aotearoa New Zealand (Office for Disability
Issues, 2020),
www.odi.govt.nz/guidance-and-resources/a-brief-history-of-disability-in-aotearoa-new-zealand/.
[50]
Patrick, R, Going into care in Aotearoa 1950–1999 (EXT9990288),
p 63.
[51] Kaiwai, H,
Allport, T, Māori with disabilities (part two): Report commissioned by the
Waitangi Tribunal for the Health Services
and Outcomes Inquiry, Wai 2575,
MSC0008207 (Waitangi Tribunal, 2019),
p 29.
[52] See Department of
Health, 1979, pp 2–3 EXT9990288, p
78
[53] National Council of Home
Educators New Zealand, Special education needs, https://www.nchenz.org.nz/special-education-needs/
(last accessed 1 April 2023), at least until 2022–2023.
[54] Education Act 1989, section
8(1): “Except as provided in this Part, people who have special
educational needs (whether because
of disability or otherwise) have the same
rights to enrol and receive education at State schools as people who do
not.”
[55] Letter from the
Officer for Special Education to the Senior Inspector of Schools, MOE0002066,
(11 November 1955).
[56] Witness
statement of Brother Timothy Graham, WITN0837001,
para 35.
[57] Australian
Royal Commission into Institutional Responses to Child Sexual Abuse, Analysis of
claims of child sexual abuse made with
respect to Catholic Church institutions
in Australia, Sydney, June 2017, p 16 (Using a weighted average
approach).
[58] Te Rōpū
Tautoko Marylands Briefing Paper 7: Picpus Fathers and Marylands, as amended 24
September 2021, CTH0015324, p 4.
[59] Letter from J D Hall,
Barrister and Solicitor to Lee Robinson of Saunders Robinson, regarding alleged
abuse by client who attended
Marylands School in 1950, CTH0014934_00018 (16 July
2003) p 1–2.
[60] Letter
from the Bishop of Christchurch to the Archbishop, regarding the establishment
and nature of care proposed by the St John
of God Brothers, CTH0015246 (1954), p
6.
[61] Letter from the Bishop of Christchurch to Archbishop Liston, discussing the nature of care to be provided by the Order, CTH0015143_00005 (14 October 1954), p 6.
[62] Newspaper article,
‘Retardate Boys, Care By Brothers of St John of God, Provincials
Address’, MOH0000945 (The Press,
9 June 1955), p
317.
[63] Letter from the Bishop
of Christchurch to Archbishop Liston, discussing the nature of care to be
provided by the Order, CTH0015143_00005
(14 October 1954), p
6.
[64] Mental Health Amendment
Act 1954, section 3(2).
[65]
Letter from Provincial Brother Kilian to the Bishop of Christchurch Edward
Joyce, regarding discussions around initial State funding,
CTH0015145 (19
February 1955), p 5.
[66] Letter from Brother Kilian to Bishop Joyce, regarding State involvement in the opening of Marylands School, CTH0015141 (12 September 1955), p 1.
[67] Letter from Brother Kilian to Bishop Joyce, update on legislation to include long-stay care home, CTH0015141 (1 October 1955), p 5.
[68] Letter from the Bishop of
Christchurch to the Minister of Health, requesting amendments to legislation to
include long-stay care
homes and a personal interview between the Minister of
Health and the Provincial of the Order, CTH0015141 (24 October 1955),
p 12–13.
[69] Letter
from Brother Kilian to the Bishop of Christchurch, regarding Marylands opening
under the Department of Health and discussions
on capital expenditure,
CTH0015141 (2 November 1955),
p 14–15.
[70] Letter
from Brother Kilian to the Bishop of Christchurch, CTH0015141,
p 14–15.
[71] Letter from Brother Kilian
to the Bishop of Christchurch, CTH0015141,
p 14–15.
[72] See
also: Brief of evidence of Helen Hurst for the Ministry of Education,
WITN0099003 (Royal Commission, 7 October 2021),
para 4.6.
[73] Letter from
Brother Kilian to the Bishop of Christchurch, CTH0015141,
p 15.
[74] Circular sent by
Mr AB Allen, Senior Psychologist of the Department of Education, outline of
the admission testing criteria, interpretation
of I.Q ranges, and I.Q. range for
admission to Marylands, CTH0015141 (6 December 1955),
p 3.
[75] Memorandum from
the Minister of Health to Cabinet, Brothers of St John of God
“Marylands” Home for Mentally Retarded
Boys, Halls Road, Middleton,
Christchurch, MOE0002070 (18 November 1955),
p 2.
[76] Memorandum from
the Minister of Health to Cabinet, MOE0002070, p 2.
[77] Memorandum from the Minister
of Health to Cabinet, MOE0002070,
p 2.
[78] Letter from
Brother Kilian to the Bishop of Christchurch, CTH0015141,
pp 14.
[79] Letter from the
Office for Special Education to Mr A Allen, Marylands – Christchurch,
MOE0002076 (1 February 1956) p 1. See
also: Department of Education circular,
regarding the I.Q. range for admission to Marylands, CTH0015142 (6 December
1955), p 3.
[80] Letter from
Brother Kilian to the Bishop of Christchurch, CTH0015141,
p 14–15.
[81] Letter
from the Officer for Special Education to Mr A Allen, Marylands –
Christchurch, MOE0002076 (1 February 1956). See also:
Department of
Education circular, regarding the I.Q. range for admission to Marylands,
CTH0015142 (6 December 1955), p 3.
[82] Glass, M, “Description
and evaluation of special education for backward pupils at primary and
intermediate schools in New Zealand”
(1977), Massey University
https://mro.massey.ac.nz/handle/10179/7839.
[83]
Letter from the Officer for Special Education to Mr A Allen,
MOE0002076.
[84] Letter from the
Officer for Special Education to Mr A Allen, MOE0002076.
[85] Bundle of documents relating
to the Order of St John of God, including memorandum to the Minister of Health,
MOH0000945, p 315.
[86] Witness
statement of Brother Timothy Graham, WITN0837001,
para 71.
[87] Brief of
evidence from Helen Hurst (Associate Deputy Secretary, Ministry of Education),
EXT0020167, para 4.4.
[88] Letter
from the Senior Inspector of Schools to the Department of Education, MOE0002064
(4 November 1955).
[89] Bundle of documents relating
to the Order of St John of God, including memorandum to the Minister of Health,
MOH0000945, p 315.
[90] Witness
statement of Brother Timothy Graham, WITN0837001, paras
58–59.
[91] Letter from
Brother Kilian to the Bishop of Christchurch, CTH0015141,
p 14–15.
[92] Letter
from the Bishop of Christchurch to the Minister of Health, CTH0015141,
p 12–13.
[93] Letter
from Prime Minister Holland to Bishop Joyce, regarding cabinet approved
maintenance subsidy for Marylands students, CTH0015141
(22 November 1955),
p 17.
[94] Letter from
Bishop Joyce to Prime Minister Holland, accepting Cabinet’s subsidy
payment, CTH0015141 (2 December 1955),
p 18.
[95] Letter from Prime
Minister Holland to Bishop Joyce, CTH0015141, p 17. On 22 November, the
Prime Minister noted Cabinet had given
preliminary consideration to providing a
capital subsidy for the establishment of Marylands but the decision was deferred
until further
information could be
obtained.
[96] Letter to the
Director of Education from the Deputy Director-General of the Department of
Health, regarding the approval of state
funding to assist the Order of St John
of God to purchase property, MOE0002079 (26 September
1956).
[97] Witness statement of
Brother Timothy Graham, WITN0837001, para
74(c).
[98] Marylands Students
Admissions Register, CTH0010185 (1955-1983), pp
1–2.
[99] Witness statement
of Brother Timothy Graham, WITN0837001, para 84.
[100] Witness statement of Mr
AL, WITN0623001, (Royal Commission of Inquiry into Abuse in Care, 7 May 2021),
para 3.15.
[101] Witness
statement of Mr AL, WITN0623001, paras 4.1–4.2.
[102] NOPS investigation
report: allegation of physical and sexual abuse – Mr IY, (12 November
2018), CTH0012752, p 9.
[103]
NOPS investigation report: allegation of physical and sexual abuse – Mr
IY, (12 November 2018), CTH0012752, p.
9.
[104] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
253.
[105] Private Session
transcript, CRM0014147 (Royal Commission of Inquiry into Abuse in Care, 5 August
2021), p 7.
[106] Witness
statement of Mr IY, WITN1023001 (Royal Commission of Inquiry into Abuse in Care,
16 December 2021), para
4.11.
[107] Witness statement
of Darryl Smith, WITN0840001 (Royal Commission of Inquiry into Abuse in Care, 13
September 2021), paras 52–53,
58.
[108] Witness statement of
Mr AB, WITN0420001 (Royal Commission of Inquiry into Abuse in Care, 19
April 2021),
para 35.
[109] Kerryn
Pollock, 'Children’s homes and fostering – Government institutions',
Te Ara – the Encyclopedia of New Zealand,
http://www.TeAra.govt.nz/en/childrens-homes-and-fostering/page-2 (accessed 1
April 2023).
[110] Letter from
the Director of Mental Health to the Director-General of Education, regarding
government subsidy payments for Marylands
students, MOE0002131 (25 July
1972), p 1.
[111] Witness
statement of Brother Timothy Graham, WITN0837001, para
105.
[112] Letter from Brother
Boxall to the Department of Education, staff complement at Marylands, MOE0002341
(4 October 1978), p 1.
[113]
Crown submissions regarding Marylands School response to notice to produce 310,
CRL0250951 (Royal Commission of Inquiry into Abuse
in Care, 12 November 2021), p
3.
[114] Te Rōpū
Tautoko Marylands Briefing paper 3: Marylands residential special school:
contextual analysis, MSC0007270 (30 July
2021),
para 22.
[115] Witness
statement of Mr HZ, WITN0324015, (Royal Commission of Inquiry into Abuse in
Care, 14 May 2021), para
9.
[116] Witness statement of
Mr HZ, WITN0324015, para
26.
[117] Child Welfare
Division of the Department of Education, Social Workers‘ Manual,
ORT0000035 (1970–1984),
p 250.
[118] Crown
submissions regarding Marylands School response to notice to produce 310,
CRL0250951, para 2.3.
[119] Witness statement of
Denis Smith, WITN0184001 (Royal Commission of Inquiry into Abuse in Care, 15
December 2021), para 45.
[120]
Witness statement of Denis Smith, WITN0184001, para
81.
[121] Witness statement of
Denis Smith, WITN0184001, para
82.
[122] Witness statement of
Steven Long, WITN0744001 (Royal Commission of Inquiry into Abuse in Care, 15
October 2021), para 23.
[123]
Brief of evidence of Peter Galvin for Oranga Tamariki, WITN1056001 (Royal
Commission of Inquiry into Abuse in Care, 4 February 2021),
para
18.
[124] Marylands Students
Admissions Register, CTH0010185, pp
1-2.
[125] Witness statement of
Ms DN, WITN0870001, (Royal Commission of Inquiry into Abuse in Care, 30
September 2021), paras
2.28–2.29.
[126] Witness
statement of Ms IO, WITN0558001 (Royal Commission of Inquiry into Abuse in Care,
10 January 2021),
para 30.
[127] Witness
statement of Mr IH, WITN0671001 (Royal Commission of Inquiry into Abuse in Care,
15 October 2020),
para 23.
[128] Witness
statement of Mr IH, WITN0671001, para
24.
[129] Witness statement of
Ms DN, WITN0870001, paras
2.58–2.59.
[130] Witness
statement of Mr IX WITN0889001 (Royal Commission of Inquiry into Abuse in Care,
24 November 2021), para
19.
[131] Witness statement of
Ms AM, WITN0587001 (Royal Commission of Inquiry into Abuse in Care, 4 June
2020), para 2.3.
[132]
Witness statement of Alan Nixon, WITN0716001 (Royal Commission of Inquiry into
Abuse in Care, 8 October 2021),
para 135.
[133] Witness
statement of Mr CZ, WITN0535001 (Royal Commission of Inquiry into Abuse in
Care, 19 May 2021), para
1.6.
[134] Witness statement
of Mr CB, WITN0813001 (Royal Commission of Inquiry into Abuse in Care, 22
November 2021),
para 2.6.
[135] Witness
statement of Mr AB, WITN0420001 (Royal Commission of Inquiry into Abuse in
Care, 19 April 2021), para
30.
[136] Witness Statement of
Timothy Morgan, WITN0803001, (Royal Commission of Inquiry into Abuse in Care, 11
August 2021), paras 7, 16.
[137] Witness statement of
Adam Powell, WITN0627001 (Royal Commission of Inquiry into Abuse in Care, 14
June 2021), para 3.
[138]
Witness statement of Adam Powell, WITN0627001, para
17.
[139] Witness statement of
James Tasker, WITN0675001 (Royal Commission of Inquiry into Abuse in Care, 5
July 2021), paras 13, 18.
[140]
Witness statement of Trevor McDonald, WITN0399001 (Royal Commission of Inquiry
into Abuse in Care, 22 April 2021),
para 3.3.
[141] Witness
statement of Danny Akula, WITN0745001 (Royal Commission of Inquiry into Abuse in
Care, 13 October 2021),
para 57.
[142] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
193.
[143] Witness statement of
Ms DN, WITN0870001, para
2.62.
[144] Letter from Brother
Kilian to the Regional Superintendent, Department of Education, MOE0002100 (22
April 1967).
[145] Letter from Brother
Kilian Herbert to Senior Psychologist, Department of Education, regarding the
policy change on I.Q. entry criteria
to Marylands School, MOE0002104 (6 June
1967).
[146] Letter from DJ
Callandar, Senior Adviser on Backward Pupils, Department of Education to the
Psychological Services, MOE0002122 (6
October
1967).
[147] Letter from D.H.
Ross, Director-General of Education to S.S.P. Hamilton, Regional Superintendent
of Education, notifying the granting
of joint registration of Marylands School,
MOE0002112 (24 August
1967).
[148] Letter from the
District Senior Inspector of Schools, Office of the Senior Inspector of Schools
to the Superintendent of Education,
Department of Education, MOE0002106 (27 June
1967), p 1; Letter from D.H. Ross, Director-General of Education to S.S.P.
Hamilton,
Regional Superintendent of Education, providing an update on the
registration of Marylands as a private special residential school
for
intellectually handicapped boys, MOE0002109 (22 August 1967); Ministry of
Education submission in response to the Royal Commission
of Inquiry’s
(notice to produce 25), MOE0002536, p 54, referring to letter dated
25 July 1972 from the Department of Health
to the Department of
Education.
[149] Letter from
the District Senior Inspector of Schools, to the Superintendent of Education,
MOE0002106, p 1; Ministry of Education
submission in response to the Royal
Commission of Inquiry’s (notice to produce 25), MOE0002536, p 54,
referring to letter dated
25 July 1972 from the Department of Health to the
Department of Education.
[150]
Memorandum for Cabinet Committee on Social Affairs, Ministry of Education,
regarding Marylands’ operating costs and state funding,
MOE0002214 (6
November 1972), p 1.
[151]
Letter from the Minister of Education to the Minister of Finance, regarding the
inspection of Marylands School on 13 February 1973,
CTH0015153 (7 March 1973), p
1.
[152] Letter from the
Minister of Education to Brother Moloney, regarding the purchase of land and
buildings, CTH0015152 (17 February 1973),
p
1.
[153] Letter from the
Minister of Education to Brother Moloney, CTH0015152, p
1.
[154] Letter from Prior
Brother Rodger Moloney to Mr P.A. Amos, Minister of Education, regarding the
Order’s acceptance of a leasing
arrangement of new school buildings,
MOE0002195 (6 March 1973); Memorandum for Cabinet from the Minister of
Education, MOE0002199,
p
3.
[155] Letter from the
Minister of Education to the Minister of Finance, regarding special grants,
MOE0002196 (7 March 1973), p
5.
[156] Letter from the
Minister of Education to the Minister of Finance, MOE0002196, p
4.
[157] Letter from the
Minister of Education to the Minister of Finance, MOE0002196, p
4.
[158] Letter from the
Minister of Education to the Minister of Finance, MOE0002196, p
4.
[159] Letter from the
Minister of Education to the Minister of Finance, MOE0002196, p
4.
[160] Memorandum for Cabinet
from the Minister of Education, requests made by the Order of St John of God for
operating and reconstruction
costs, MOE0002199, p
3.
[161] Letter from the
Secretary of Cabinet to the Minister of Education, endorsing government
assistance and authorising negotiations regarding
land purchase, CTH0015155 (26
March 1973); Cabinet memorandum to Minister of Education, Cabinet meeting 26
March 1973, regarding
financial assistance to Marylands Special School,
MOE0002201 (27 March
1973).
[162] Memorandum for
Cabinet, regarding Marylands School and the proposed financial assistance,
CTH0015154 (15 March 1973), para
6.
[163] Memorandum to the
Minister of Finance, regarding financial assistance to Marylands Special School,
MOE0002243 (9 December 1974),
pp
1–10.
[164] Memorandum to
the Minister of Finance, MOE0002243, pp
1–10.
[165] Proposal to
Minister of Education from Director General of Education, regarding proposed
financial assistance for Marylands School,
CTH0015156 (24 April 1979), p
1.
[166] Proposal to Minister
of Education from Director General of Education, CTH0015156, p
1.
[167] Meeting notes from 28
April 1978 meeting at Marylands Special School, including Department of
Education, MOE0002333 (8 May 1978),
p
1.
[168] Meeting notes from 28
April 1978 meeting at Marylands Special School, MOE0002333 , p
1.
[169] Meeting notes from 28
April 1978 meeting at Marylands Special School, MOE0002333 , p
1.
[170] Letter from the
Minister of Education to the Minister of Finance, regarding Marylands School
Christchurch: Special Deficit Grants,
MOE0002377 (13 November 1979), p
2.
[171] Ministry of Education
submission in response to the Royal Commission of Inquiry’s Notice to
Produce No. 202: Schedule 2, MOE0002844
(5 July 2021), p
32–33.
[172] Letter from
M K Burns (Director-General) to the Minister of Education, regarding Marylands
Special School, Christchurch, MOE0002407
(21 May 1980), p
1.
[173] Letter from Stephen
Coakley (Prior/Administration) to the Minister of Education, rearding a proposal
for special financial assistance
for Marylands, MOE0002438 (6 May 1981), p
1.
[174] Letter from Stephen
Coakley to the Minister of Education, MOE0002438, p
1.
[175] Letter from Stephen
Coakley to the Minister of Education, MOE0002438, p
1.
[176] Ministry of Education
submission in response to the Royal Commission of Inquiry’s Notice to
Produce No. 202: Schedule 2, MOE0002844,
p
32.
[177] Memorandum from
Cabinet Secretary to Ministers, regarding Marylands Special School, MOE0002480
(June 1982).
[178] Letter from
Brother Anthony Leahy to the Minister of Education, meeting confirmation to
discuss the Order’s decision to terminate
the agreement to run Marylands
School, MOE0002488 (2 September
1983).
[179] Letter from
Brother Anthony Leahy to the Minister of Education,
MOE0002488.
[180] Letter from
Brother Anthony Leahy to the Minister of Education,
MOE0002488.
[181] Memorandum
for Cabinet from Minister for Education, confirmation of the termination of the
agreement to run Marylands School by the
Order, MOE0002490 (15 September 1983),
p 1.
[182] Transcript of
evidence of Brother Stephen Coakley, MSC0008045 (Royal Commission of Inquiry
into Abuse in Care, 20 July 2021),
p 12.
[183] Letter from
Brother Raymond Garchow to Bishop Ashby, regarding the withdrawal of the Order
from Marylands, CTH0016753 (20 January
1984).
[184] Letter from Bishop
Ashby to Brother Anthony Leahy, regarding the closure of Marylands, regrets the
necessity of Marylands closing
but accepts its closure, CTH0016752 (24 January
1984).
[185] Memorandum for
Cabinet from Minister for Education, regarding Marylands Special School,
MOE0002490 (15 September 1983), p
2.
[186] Memorandum for Cabinet
from Minister for Education, MOE0002490, p 2.
[187] Memorandum for Cabinet
from Minister for Education, MOE0002490, p
2.
[188] Memorandum for Cabinet
from Minister for Education, MOE0002490, p
2.
[189] Memorandum for Cabinet
from Minister for Education, MOE0002490, p
2.
[190] Extract from Minutes
of Cabinet Committee meeting held on 19 September 1983, regarding Marylands
Special School, MOE0002492 (21 September
1983).
[191] Extract from
Minutes of Cabinet Committee meeting held on 20 September 1983, regarding
Marylands Special School, MOE0002495 (21 September
1983), p
2.
[192] Proposal from the
Director-General, Department of Education to the Minister of Education,
MOE0002531 (17 July 1984), p
1.
[193] 1984 Annual Report for
Hogben School, by B D Bridges, Principal MOE0002851 (1984), p 9.
[194] 1984 Annual Report for
Hogben School, MOE0002851, pp 2, 4 and
9.
[195] Ministry of Education
submission in response to the Royal Commission of Inquiry’s Notice to
Produce No. 202: Schedule 2, MOE0002844,
p
8.
[196] 1984 Annual Report for
Hogben School, MOE0002851, p
10.
[197] 1984 Annual Report
for Hogben School, MOE0002851, p
10.
[198] 1985 Annual Report
for Hogben School, by B D Bridges, Principal, MOE0002852 (1985), p
5.
[199] Witness Statement of
Graeme Daniel, WITN1307001 (Royal Commission of Inquiry into Abuse in Care, 27
May 2021), para 32.
[200]
NZ Police Report Form, Sergeant L F Corbett, files regarding complaints of
sexual abuse against McGrath, NZP0014848 (29 October 1993),
p 2.
[210] Letter from Brother Hornby (Provincial) to Bernard McGrath regarding McGrath’s report, CTH0012268 (8 December 1986) p 281.
[211] Te Roopu Awhina was an
existing venture between Catholic Social Services, the Anglican City Mission and
Moranga House.
[212] Catholic
Social Services is an agency of the Roman Catholic Diocese of
Christchurch.
[213] Statement
by Catholic Social Services, CTH0012268, p
27.
[214] Statement by Catholic
Social Services, CTH0012268, p
207.
[215] Information about
Waipuna Youth Refuge, Hebron Trust, CTH0012268 (no date)
p 378.
[216] Letter from
Brother Boxall to Brother Prius, CTH0012032_00002 (31 August 1988), p 3-4.
[217] Hebron Youth Trust,
CTH0012268 (Catholic Social Services, 14 June 1989),
p 27.
[218] Te
Rōpū Tautoko Marylands Briefing Paper 2, MSC0007268, para 26, See
also: Hebron Trust Statistics, 17 April 1988 to 13
July 1990, CTH0012268 (Hebron
Trust, 20 August 1989), pp 46–47; Brief History of the Hebron Trust,
1986 to 1995, CTH0015131,
p 5.
[219] Information
about Farm Cottage / Pampuri, Hebron Trust, CTH0012268 (undated),
p 390.
[220] Te
Rōpū Tautoko Marylands Briefing Paper 2, MSC0007268, para
27.
[221] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, para 27.
[222] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, paras 27,
29.
[223] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, para 29.
[224] Hebron Trust Statistics, CTH0012268, p 46–47.
[225] Witness statement of Mr EP, WITN0727001 (Royal Commission of Inquiry into Abuse in Care, 16 October 2021), para 16.
[226] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, paras
288.
[227] Te Rōpū
Tautoko Marylands Briefing Paper 6: Nature and extent of abuse in the care of
the Hebron Trust, as amended on 17
December 2021, CTH0020744,
p 3.
[228] Hebron Trust
Statistics, CTH0012268, p
46-47.
[229] Witness statement
of Mr EU, WITN0709001 (Royal Commission of Inquiry into Abuse in Care, 12
October 2021), para 83.
[230]
Hebron Trust Statistics, CTH0012268, p
46-47.
[231] Of the total 193
young people, (119 were residents and 74 were non-residents) 47 were female and
146 were male.
[232] Hebron Trust Statistics,
CTH0012268, p 307.
[233]
Historically, the population of Māori in the South Island has been
comparatively smaller than that of the North Island. Census
data from 1951 shows
that of the 115,676 Māori in Aotearoa New Zealand, only 4,000 are recorded
as living in the South Island.
This trend continues, five years later in 1956
of the total 137,151 Māori, only 5,200 were living in the South Island.
[234] Letter from Brother McGrath to Bishop Meeking, regarding the Hebron Trust‘s strategic plan, CTH0016761, (4 March 1992) p 1.
[235] Hebron Community Trust
Pamphlet, CTH0012268, p
2.
[236] Hebron Trust
Statistics, CTH0012268, pp 46–47.
[237] Witness statement of Lee
Robinson, WITN0836001 (Royal Commission of Inquiry into Abuse in Care, 23 July
2021), para 69.
[238]
Witness statement of Lee Robinson, WITN0836001 (Royal Commission of Inquiry into
Abuse in Care, 23 July 2021),
para 69.
[239] Witness
statement of Lew Corbett, WITN1146001, paras 3.19,
3.20
[240] Witness statement of
Mr GJ, WITN0731001 (Royal Commission of Inquiry into Abuse in Care, 5 January
2021), paras 33–35,
43–46.
[241] Witness
statement of Mr IS, WITN0972001 (Royal Commission of Inquiry into Abuse in Care,
30 November 2021), paras 3.10 and
3.11.
[242] Witness statement
of Mr EU, WITN0709001, paras 3–10, 30.
[243] Witness statement of
Mr CA, WITN0721001 (Royal Commission of Inquiry into Abuse in Care, 17
September 2021),
para 91.
[244] Transcript
of evidence of Hanz Freller from the Marylands School public hearing, TRN0000413
(Royal Commission of Inquiry into Abuse
in Care, 11 February 2021), p 28 pp
26.
[245] Witness statement of
Justin Taia, WITN0759001 (Royal Commission of Inquiry into Abuse in Care, 8
November 2022), para 56.
[246]
Witness statement of Mr EP, WITN0727001 (Royal Commission of Inquiry
into Abuse in Care, 16 October 2021),
para 13.
[247] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, paras
734–738.
[260] A witness statement from
the Order of St John of God internal redress interview, NZP0014505 (NZ Police,
19 July 2002), p 1.
[261] A
witness statement from the Order of St John of God internal redress interview,
NZP0014505 (NZ Police, 19 July 2002), p
1.
[262] Witness statement of
Darryl Smith, WITN0840001,
para 54.
[263] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 118.
[264] Witness
statement of Mr EU, WITN0709001, paras 8–10.
[265] Witness statement of Mr
IY, WITN1023001, para
4.13.
[266] Witness statement
of Mr HZ, WITN0324015, para
32.
[267] Witness statement of
Mr CB, WITN0813001,
para 4.41.
[268] Nancy
Swarbrick, 'Primary and secondary education - Education from the 1920s to
2000s', Te Ara - the Encyclopedia of New Zealand,
http://www.TeAra.govt.nz/en/primary-and-secondary-education/page-3 (accessed 31
March 2023).
[269] 1984 Annual Report for
Hogben School, by B D Bridges, Principal MOE0002851 (1984), p 2, 4,
9.
[270] Ministry of Education
submission in response to the Royal Commission of Inquiry’s Notice to
Produce No. 202: Schedule 2, MOE0002844,
p
5.
[271] Witness statement of
Dr Michelle Mulvihill, WITN0771001 (Royal Commission of Inquiry into Abuse in
Care, 15 September 2021), para
130.
[272] Transcript of evidence of
Ms DN from the Marylands School public hearing, TRN0000411 (Royal Commission of
Inquiry into Abuse in Care,
9 February 2022), p 86–87 pp
84–85.
[273] Transcript
of evidence of Ms DN from the Marylands School public hearing, TRN0000411, p 86
pp 85.
[274] Witness statement
of Mr CB, WITN0813001, para 4.24.
[275] Witness statement of Ms
DN, WITN0870001, para
2.98.
[276] Letter from Pt L
Dieudonne to Mr C P Brice Assistant Secretary of Schools & Development,
Department of Education, MOE0002850
(7 December 1983), p
1–2.
[277] Witness
Statement of Adam Powell, WITN0627001, para
54.
[278] Witness statement of
Dr Michelle Mulvihill, WITN0771001, paras 125–126.
[279] Witness Statement of
Darryl Smith, WITN0840001 (Royal Commission of Inquiry into Abuse in Care, 13
September 2021) para 74.
[280]
Transcript of evidence of Mr HZ from the Marylands School public hearing,
TRN0000411 (Royal Commission of Inquiry into Abuse in Care,
9 February
2021), p 61 pp 59.
[281]
Transcript of evidence Mr HZ, TRN0000411, p 43 pp
41.
[282] Transcript of
evidence of Mr HZ, TRN0000411, p 46 pp
44.
[283] Brother Peter Burke,
notes of meeting, St John of God redress process, CTH0015310, (24 January 2002)
paras 6–7.
[284]
Transcript of evidence of Mr HZ, TRN0000411, p 45–47 pp 43–45.
[285] Transcript of evidence
of Mr HZ, TRN0000411, p 42 pp 40.
[286] NZ Police Investigation:
Operation Authority, Photo Book 6, NZP0012784, p
6.
[287] Marylands Students
Admissions Register, CTH0010185, p
1–2.
[288] Internal file
of Brother Bernard McGrath, CTH0013381, p
21-22.
[289] Witness statement
of Mr AL, WITN0623001, paras 6.8,
6.9.
[290] Internal file of
Brother Bernard McGrath, CTH0013381, p 21–22.
[291] Witness statement of Detective Superintendent Peter Read, NZP0042570, 5 August 2021, para 8.2.
[292] Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 258.
[293] Witness Statement of
Sister Mary Monaghan, WITN1801001 (Royal Commission of Inquiry into Abuse in
Care, 5 May 2023) paras
22–24.
[294] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
267.
[295] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
267.
[296] Private Session
transcript of [GRO-B], CRM0014147,
p 7.
[297] Witness
statement of Mr IY, WITN1023001,
para 4.11.
[298] Witness
statement of Mr IY, WITN1023001,
para 4.10.
[299] Witness
statement of Mr IY, WITN1023001,
paras 4.12–4.15.
[300]
Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
paras 262–263.
[301]Witness Statement of Sister Mary Monaghan, WITN1801001 (2023) para 20.
[302] Witness Statement of
Sister Mary Monaghan, WITN1801001 (2023) para
17.
[303] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
268.
[304] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 268.
[305] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 268.
[306] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 270.
[307] Witness
statement of Mr AU, WITN0376001 (Royal Commission of Inquiry into Abuse in
Care, 7 October 2021),
paras 2.7–2.11.
[308]
Witness statement of Mr AU, WITN0376001,
paras 2.7–2.11.
[309]
Witness statement of Mr AU, WITN0376001, para 3.10
[310] Witness statement of Mr IY, WITN1023001, paras 4.13–4.18.
[311] Witness statement of Daniel Hill, WITN1171001, para 76.
[312] Te Rōpū Tautoko
Marylands Briefing Paper 2: Summary of events relating to the Hebron Trust,
MSC0007268 (23 July 2021),
para
27.
[313] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
paras 299–302.
[314]
Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 457.
[315] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
457.
[316] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
457.
[317] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 458.
[318] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 458.
[319] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
487.
[320] Witness statement of
Andrew Downs, WITN0766001 (Royal Commission of Inquiry into Abuse in Care, 27
Septmber 2021) para 63.
[321]
Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 286.
[322] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 476.
[323] Witness statement of Mr
GJ, WITN0731001 (Royal Commission of Abuse in Care, 5 January 2021), para
36
[324] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 300.
[325] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
356.
[326] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 456.
[327] Witness
statement of Mr EU, WITN0709001,
paras 41–42.
[328]
Witness statement of Mr EU, WITN0709001, para
43.
[329] Witness statement of
Steven Long, WITN0744001, para
39.
[330] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 267.
[331] Witness statement of Mr EU, WITN0709001, paras 38–41.
[332] Witness statement of Dr
Michelle Mulvihill, WITN0771001, para 121. Michelle Mulvihill during her
survivor interviews heard: “...horrific
recounts of child sexual abuse, of
being savagely beaten by St John of God Brothers and of being publicly
humiliated, being forced
to perform sexual acts in front of other children and
the St John of God Brothers.”
[333] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 117.
[334] Te Rōpū
Tautoko Marylands Briefing Paper no. 5, Preliminary report on Information
Gathering Project data, EXT0015730, 12
February 2021, para 4.
[335] Te Rōpū
Tautoko Marylands Briefing Paper 4, Summary of the nature and extent of reports
of abuse at Marylands, as amended
on 17 December 2021,
CTH0015242.
[336] Te
Rōpū Tautoko Marylands Briefing Paper 6,
CTH0020744.
[337] We wrote
about the specific barriers that survivors of abuse in faith-based institutions
experienced in our redress report, He Purapura
Ora, he Māra Tipu: From
Redress to Puretumu Torowhānui, section
2.4.
[338] Relating to the
1976–1977 anonymous reporting of allegations of abuse by Brother Bernard
McGrath and Rodger Moloney, those
letters were destroyed by Brother Brian
O’Donnelll. See also: Transcript of teleconference between MAG, Brother
Brian O'Donnell
and JXC, CTH0018408 (19 December 2016), p
6.
[339] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243, p 3. The order summarises the
dates when the Order first knew of
a New Zealand based report of abuse against
Br Garchow (and other Brothers who ministered in Aotearoa).
[340] The Inquiry has used a weighted average approach. A weighted average approach ensures that a statistically consistent approach is taken to individuals who were in ministry for only a few years, and individuals who were in ministry for decades.
To obtain the weighted average of 71 percent, we took the total number of years of ministry of St John of God brothers in the Christchurch community between 1955 and 1983 who were alleged perpetrators which was 116.82 and divided this by the total number of years for all St John of God brothers who ministered in the Christchurch community between 1955 and 1983 which was 165.42. Our calculation formula being 116.82/165.42 = 0.71 which is 71 percent.
[341] Australian Royal
Commission into Institutional Responses to Child Sexual Abuse, Research Report -
Analysis of complaints of child
sexual abuse made with respect to Catholic
Church Institutions in Australia, June 2017, page 18.
[342] Witness statement of
Mr AB, WITN0420001, para
97.
[343] R v McGrath,
CTH0008341, CRI-2004-009-002462 [2006]
(unreported).
[344] R v
McGrath, CTH0008341 [2006], para
5.
[345] R v McGrath,
CTH0008341 [2006], para
7.
[346] Witness statement of
Mr CA, WITN0721001 (Royal Commission of Inquiry into Abuse in Care, 17 September
2021), para 95. See also: Witness
statement of Mr ES, WITN0734001 (Royal
Commission of Inquiry into Abuse in Care, 15 October 2021), para 15; Witness
statement of
Mr EU, WITN0709001 (Royal Commission of Inquiry into Abuse in
Care, 12 October 2021), pp
9–10.
[347] Witness
statement of Ms AM, WITN0587001,
para 2.24.
[348] Witness
statement of Mr IH, WITN0671001, para
57.
[349] Witness statement of
Ms DN, WITN0870001, para
3.33.
[350] Witness Statement
of Alan Nixon, WITN0716001, para
47.
[351] Witness statement of
Mr EU, WITN0709001,
para 51.
[352] Witness
statement of Mr DG, WITN0503001, para
33.
[353] Witness statement of
Ms AM, WITN0587001, para 2.21.
[354] Witness statement of Mr IH , WITN0671001 (Royal Commission of Inquiry into Abuse in Care, 15 October 2020), para 89.
[355] Witness statement of Trevor McDonald, WITN0399001 (Royal Commission of Inquiry into Abuse in Care, 22 April 2021) para 5.19.
[356] Witness statement of
Mr DL, WITN0561001 (Royal Commission of Inquiry into Abuse in Care, 20 May
2021) para 69.
[357] Witness
statement of Ms DN, WITN0870001, paras 3.21,
3.24–3.26.
[358] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 181.
[359] Witness
statement of Mr EU, WITN0709001,
para 67.
[360] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, paras
460–463.
[361] Witness
statement of James Tasker, WITN0675001,
para 84.
[362] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
442.
[363] Witness statement of
Mr FB, WITN0843001 (Royal Commission of Inquiry into Abuse in Care, 20
September 2021), para
5.1.3.
[364] Witness statement
of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
656.
[365] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 672.
[366] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 382.
[367] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 416.
[368] Witness
statement of Mr CB, WITN0813001 (Royal Commission of Inquiry into Abuse in
Care, 22 November 2021), paras 5.16,
5.18.
[369] Witness statement
of Danny Akula, WITN0745001, para 177.
[370] Witness statement of Ms
IO, WITN0558001, para 59.
[371]
Transcript of evidence of of Mr DG from the Marylands School public hearing,
TRN0000412 (Royal Commission of Inquiry into Abuse in
Care, 10 February 2022), p
32, pp 30.
[372] Transcript of
evidence of of Mr DG, TRN0000412, p 32, pp
30.
[373] Witness statement of
Mr AQ, WITN0882001 (Royal Commission of Inquiry into Abuse in Care, 13
October 2021),
para 47.
[374] Witness
statement of Alan Nixon, WITN0716001,
para 110.
[375] Witness
statement of Mr DA, WITN0417001, paras 59–60.
[376] Witness statement of Hanz Freller, WITN0516001, (Royal Commission of Inquiry into Abuse in Care, 3 May 2021), para 7.3.
[377] Witness statement of Mr
JA, WITN1317001, para
7.3.
[378] Witness statement of
Mr AU, WITN0376001, para
3.1.
[379] Witness statement of
Mr IY, WITN1023001,
para 6.14.
[380] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 170.
[381] Private
Session transcript of Mr CZ, CRM0014757 (Royal Commission on Inquiry Abuse
in Care, 26 May 2021), p
28–29.
[382] Witness
statement, NZP0016021, (NZ Police, 7 March 2003), p
2.
[383] Transcript of evidence
of James Tasker from the Marylands School public hearing, TRN0000413 (Royal
Commission of Inquiry into Abuse
in Care, 11 February 2022), p 15 pp
13.
[384] Witness statement of
Mr DG, WITN0503001, para
63.
[385] Witness statement of
Mr HZ, WITN0324015,
para 76.
[386] Witness
statement of Mr DM, WITN0446001 (Royal Commission of Inquiry into Abuse in Care,
23 June 2021), para 19.
[387]
Witness statement of James Tasker, WITN0675001, para
81.
[388] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 144.
[389] Witness
statement of Mr AL, WITN0623001,
para 10.7.
[390] Witness
statement of Trevor McDonald, WITN0399001,
para 4.56.
[391] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 170.
[392] Witness
statement of Hanz Freller, WITN0516001 (Royal Commission of Inquiry into Abuse
in Care, 3 May 2021),
para 7.2.
[393] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 312.
[394] Witness
statement of Daniel Hill, WITN1171001 (Royal Commission of Inquiry into Abuse in
Care, 28 April 2021),
para 100.
[395] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 559.
[396] Witness
statement of Dr Michelle Mulvihill, WITN0771001,
para 131.
[397] Witness
statement of Alan Nixon, WITN0716001,
para 126.
[398] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, paras
642-644.
[399] Witness
statement of Adam Powell, WITN0627001,
para 61.
[400] Witness
statement of Mr EP, WITN0727001,
para 5.
[401] Witness
statement of Mr EU, WITN0709001, para
57.
[402] Witness statement of
Mr EU, WITN0709001, para
58.
[403] Witness statement of
Mr IX, WITN0889001, para 48. See also: Witness statement of Danny Akula,
WITN0745001 (Royal Commission of Inquiry
into Abuse in Care, 13 October 2021)
para 83; Witness statement of Mr DG, WITN0503001 (Royal Commission of Inquiry
into Abuse in
Care, 18 May 2021) paras 58–60; Witness statement of Ms DN,
WITN0870001 para 2.86; Witness Statement of Mr AU, WITN0376001
para
3.21.
[404] Witness statement
of Danny Akula, WITN0745001, para
163.
[405] Witness statement of
Mr IX WITN0889001, para
57.
[406] Witness statement of
Adam Powell, WITN0627001, para
62.
[407] Witness statement of
Mr HZ, WITN0324015, para
68.
[408] Witness statement of
Mr HZ, WITN0324015, para
73.
[409] Witness statement of
Mr AU, WITN0376001, para
3.16.
[410] Witness statement
of Mr EP, WITN0727001, para
57.
[411] Witness statement of
Mr CZ, WITN0535001, para
3.2.
[412] Witness statement of
Hanz Freller, WITN0516001, para
7.8.
[413] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
673.
[414] Witness statement of
Mr IY, WITN1023001, para
6.12.
[415] Witness statement
of Brent Campbell , WITN1126001, (Royal Commission of Inquiry into Abuse in
Care, 22 March 2021), para
8.8
[416] Witness statement of
Mr AU, WITN0376001,
para 3.15.
[417] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
170.
[418] Witness statement of
Mr EU, WITN0709001 (Royal Commission of Inquiry into Abuse in Care, 12
October 2021) para 53.
[419]
Witness statement of Mr DL, WITN0561001 (Royal Commission of Inquiry into
Abuse in Care, 20 May 2021), para
71.
[420] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
170.
[421] Witness statement of
Mr IY, WITN1023001, para
6.16.
[422] Witness statement
of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
648.
[423] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
161.
[424] Witness statement of
Ms DN, WITN0870001, para 4.17.
[425] Royal Commission of Inquiry into Abuse in Care, He Purapura Ora, he Māra Tipu: From Redress to Puretumu Torowhanui (vol 1, 2021), p 102.
[444] NZ Police report forms by
Detective Sergeant W R Mitchell, regarding Brother Bernard McGrath, NZP0048198
(NZ Police, 1991), p 5.
[445]
NZ Police report forms by Detective Sergeant W R Mitchell, NZP0048198, p
4.
[446] Statement from Brian
O’Donnell to NZ Police regarding his life in the St John of God Order and
knowledge of historical sexual
abuse, NZP0012941 (NZ Police, 24 July 2003), p
5.
[447] Statement from Brian
O’Donnell, NZP0012941, p
6.
[448] Statement from Brian
O’Donnell, NZP0012941, p
5.
[449] Statement from Brian
O’Donnell, NZP0012941, p
5.
[450] Statement from Brian
O’Donnell, NZP0012941, p
5.
[451] Statement from Brian
O’Donnell, NZP0012941, pp
5-6.
[452] Witness statement of
Mr HZ, WITN0324015, para
53.
[453] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243. The Order provided a Briefing
Paper summarising the dates when
the Order first knew of an Aotearoa New
Zealand-based report of abuse against Brother Garchow (and other brothers who
ministered
in Aotearoa).
[454]
Statement from Brian O’Donnell, NZP0012941, p
6.
[455] Witness statement of
Mr AR, WITN0901001 (Royal Commission of Inquiry into Abuse in Care, 26 April
2022) para 7.18.
[456] Transcript of closing
statement of Dr Michelle Mulvihill from the Marylands School public hearing,
TRN0000417 (Royal Commission of
Inquiry into Abuse in Care, 17 February 2022), p
574.
[457] See our timeline of
undisclosed abuse: Cries for help not believed or acted on over almost 40
years
[458] Te
Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243, p
16.
[459] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243, p
16.
[460] Victorian
Parliament’s Family and Community Development Committee Inquiry into the
Handling of Child Abuse by Religious and
Other Organisations, MSC0006399 (29
April 2013), p 5.
[461]
Transcript of Makinson d’Apice Lawyers’ interview of Brian
O’Donnell, regarding his handling of sexual abuse complaints,
CTH0018408
(19 December 2016), p 6.
[462]
Witness statement of Mr AR, WITN0901001 (Royal Commission of Inquiry into Abuse
in Care, 26 April 2022) para
6.7.
[463] Statement from Brian
O’Donnell, NZP0012941, p
5.
[464] Statement from Brian
O’Donnell, NZP0012941, p
5.
[465] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
363.
[466] Transcript of
evidence of Peter Read, TRN0000416, p 53, pp
519.
[467] Witness statement of
Lew Corbett, WITN1146001 (Royal Commission of Inquiry into Abuse in Care, 24
March 2022), para 4.4.
[468]
Witness statement of Lew Corbett, WITN1146001,
para 3.14.
[469] Witness
statement of Lew Corbett, WITN1146001,
para 4.7.
[470] Witness
statement of Lew Corbett, WITN1146001, para
5.3.
[471] Witness statement of
Lew Corbett, WITN1146001, para 3.14.
[472] Witness statement of Lew
Corbett, WITN1146002, paras 3.11 and 3.12.
[473] First witness statement
of Peter Read, WITN0838001 (Royal Commission of Inquiry into Abuse in Care, 5
August 2021), para 2.7.
[474]
NZ Police Report Form, Sergeant L F Corbett, regarding outcome of McGrath trial,
NZP0014846 (4 February 1993), p
1.
[475] Witness statement of
Lew Corbett, WITN1146002,
para 3.23.
[476] Witness
statement of Lew Corbett, WITN1146002,
para 3.25.
[477] Witness
statement of Lew Corbett, WITN1146002,
para 3.25.
[478] Witness
statement of Lew Corbett, WITN1146002, para 46. See also: Letter from Sergeant L
F Corbett, NZ Police, to Rachel Adams, NZP0014838
(16 July 1997), p
1.
[479] R v McGrath [2006];
See also Letter from Sergeant L F Corbett, NZP0014838 , p 1;
[480] NZ Police Report Form,
NZP0012793, p 2.
[481]
Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 747.
[482] NZ Police
Report Form, NZP0012793, p 1,
5.
[483] NZ Police Report Form,
NZP0012793, p 1, 5.
[484]
NZ Police Report Form, NZP0012793, p 7, 8.
[485] Second witness statement
of Peter Read, WITN0838002, para
2.2.
[486] NZ Police Report
Form, NZP0012793, p 7–8.
[487] Second witness statement
of Peter Read, WITN0838002, para
2.4
[488] First witness
statement of Peter Read, WITN0838001, para 2.5. Second witness statement of
Peter Read, WITN0838002, para
2.5.
[489] First witness
statement of Peter Read, WITN0838001, para
11.4.
[490] Second witness
statement of Peter Read, WITN0838002, para 2.3.
[491] First witness statement of Peter Read, WITN0838001, para 2.
[492] First witness statement of Peter Read, WITN0838001, para 2.4.
[493] First witness statement of Peter Read, WITN0838001, para 5.5.
[494] First witness statement of Peter Read, WITN0838001, para 5.4. Second witness statement of Peter Read, WITN0838002, para 2.19.
[495] Transcript of evidence of Peter Read at Marylands Hearing, TRN0000416, page 46, pp 512.
[496] First witness statement of Peter Read, WITN0838001, para 3.2. This included two of the 1993 complainants.
[497] First witness statement of Peter Read, WITN0838001, paras 3.2, 3.9.
[498] First witness statement of Peter Read, WITN0838001, para 3.12.
[499] First witness statement of Peter Read, WITN0838001, para 3.11.
[500] First witness statement of Peter Read, WITN0838001, para 3.6.
[501] First witness statement of Peter Read, WITN0838001, para 3.7.
[502] First witness statement of Peter Read, WITN0838001, para 3.6.
[503] First witness statement of Peter Read, WITN0838001, para 3.8.
[504] NZ Police report form from Peter Read, regarding St John of God, Historic Sexual Abuse, NZP0012793, (23 May 2010) p 2–3. See also: NZP0015137, p 13, 22.
[505] NZ Police report form, NZP0012793, (2010) p 8.
[506] First witness statement of Peter Read, WITN0838001, para 5.9; See also: Second witness statement of Peter Read, WITN0838002, para 2.28
[507] Transcript of evidence of
Peter Read at Marylands Hearing, TRN0000416, p 42, 46, pp 508,
512.
[508] Statement of Ken
Clearwater, WITN649001 (Royal Commission of Inquiry into Abuse in Care, 14 June
2021), para 94. See also: Transcript
of evidence of Ken Clearwater from the
Marylands School public hearing, TRN0000414 (Royal Commission of Inquiry into
Abuse in Care,
14 February 2022), p 53 pp 329.
[509] First witness statement of Peter Read, WITN0838001, para 3.14
[510] First witness statement of Peter Read, WITN0838001, para 3.15
[511] NZ Police report form,
NZP0012793, (2010) p 6.
[512]
Second witness statement of Peter Read, WITN0838002, para 2.8.
[513] Second witness statement
of Peter Read, WITN0838002, para
4.5.
[514] Second witness
statement of Peter Read, WITN0838002, para 4.5. See also: NZ Police Report Form,
Detective Inspector Peter Read, regarding
the completion of Police operation,
NZP0012793, (23 May 2010), p 2; Affadavit of Gregory Walsh, NZP0015752 (NZ
Police, 5 July 2004),
p 70–71.
[515] First witness statement of Peter Read, WITN0838001, para 4.4.
[516] Second witness statement of Peter Read, WITN0838002, paras 2.9, 2.16.
[517] NZ Police report form, NZP0012793, (2010) p 6.
[518] First witness statement of Peter Read, WITN0838001, para 4.4.
[519] First witness statement
of Peter Read, WITN0838001, para
4.5.
[520] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243,
para 94.
[521] NZ Police
Report Form, NZP0012793, p 6, 9.
[522] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
803.
[523] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 815.
[524] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
820.
[525] NZ Police Report
Form, NZP0012793, p 6; Second witness statement of Peter Read, WITN0838002, para
2.13.
[526] Second witness
statement of Peter Read, WITN0838002, para 2.14.
[527] Witness statement of Mr IH, WITN0671001, paras 106–111.
[528] R v A and B, High Court Christchurch, CRI-2003-009-12476, 11 March 2005, Hansen J; R v Moloney HC Christchurch CRI-2003-009-13598, 15 April 2008, Chisholm J.
[529] First witness statement of Peter Read, WITN0838001, para 5.6
[530] First witness statement of Peter Read, WITN0838001, para 4.5.
[531] R v A and B, High Court Christchurch, CRI-2003-009-12476, 11 March 2005, Hansen J.
[532] As described by Hansen J
in R v A and B, High Court Christchurch, CRI-2003-009-12476, 11 March 2005 at
[32]-[38].
[533] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
810.
[534] ABC Australia notes
from sentencing of Brother McGrath, CTH0008331, p 40.
[535] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
811.
[536] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 810.
[537] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 810.
[538] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 810.
[539] NZ Police
Report Form, NZP0012793,
p 6.
[540] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 811.
[541] R v
McGrath [2006], p 25;
[542]
Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 814.
[543] ABC
Australia notes from sentencing of Brother McGrath, CTH0008331.
[544] R v Moloney HC
Christchurch CRI-2003-009-13598, 15 April 2008 at
[10].
[545] NZ Police Report
Form, NZP0012793, p 6; and Te Rōpū Tautoko Marylands Briefing
Paper 5, CTH0015243,
para 96.
[546] Te
Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243,
para 96;
[547] Te
Rōpū Tautoko Marylands Briefing Paper 5, CTH0015243, para 96.
[548] R v Moloney, HC Christchurch CRI-2003-009-13598, 1 August 2008 at [19].
[549] R v Moloney, HC
Christchurch CRI-2003-009-13598, 1 August 2008 at
[28].
[550] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243,
para 96;
[551] Witness
statement of Darryl Smith, WITN0840001, para
148.
[552] NZ Police Report
Form, NZP0012793, p 6.
[553]
NZ Police, Bundle of documents for second Marylands Response, NZP0042568 p
19-21.
[554] Second witness
statement of Peter Read, WITN0838002, para
2.8
[555] NZ Police Bundle of
documents, NZP0042568, p
20.
[556] Witness statement of
Peter Read, WITN0838002 (Royal Commission of Inquiry into Abuse in Care, 7 April
2021), para 2.10; NZ Police
Report Form, NZP0012793,
p 6.
[557] Second Witness
statement of Peter Read, WITN0838002,
para 2.10.
[558] Second
Witness statement of Peter Read, WITN0838002,
para 2.10.
[559] Second
Witness statement of Peter Read, WITN0838002, paras 2.10 and 2.21.
[560] Witness statement of
Edward Marriott, WITN0442001,
para 8.5.
[561] Second
Witness statement of Peter Read, WITN0838002,
para 2.10.
[562] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 85.
[563] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 839.
[564] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 839.
[565] NZ Police
Report Form, NZP0012793, p 7.
[566] R v F, HC Christchurch
CRI-2003-009-12476, 7 February 2008 at
[6].
[567] Second Witness
statement of Peter Read, WITN0838002, para 2.11. NZ Police Report
Form, NZP0012793, p 7.
[568]
Second Witness statement of Peter Read, WITN0838002, para 2.12; R v A and
B, High Court Christchurch, CRI-2003-009-12476, 11 March
2005, Hansen J at
[8].
[569] Witness statement of
Peter Read, WITN0838002, para 2.11. Second witness statement of Peter Read,
WITN0838001, para 4.8(b). NZ Police
Report Form, NZP0012793, p 7.
[570] Witness statement of Peter Read, WITN0838002 para 2.11. Second witness statement of Peter Read, WITN0838001, para 4.8(b). Witness statement of John Borlase, WITN118001 (Royal Commission of Inquiry into Abuse in Care, 25 January 2022), para 13.8. Witness statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 800.
[571] R v F, HC Christchurch CRI-2003-009-12476, 7 February 2008.
[572] Witness statement of Mr
IR, WITN0547001,
paras 45–47.
[573]
Second witness statement of Peter Read, WITN0838001, para 2.34.
[574] First witness statement
of Peter Read, WITN0838001, para
4.2
[575] Second witness
statement of Peter Read, WITN0838001,
para 4.1.
[576] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 885.
[577] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 885.
[578] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 885.
[579] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 888.
[580] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 888.
[581] Royal
Commission of Inquiry into Stoke Industrial School, Nelson, 1900, MSC0007515,
p 1–2.
[582] Royal
Commission of Inquiry into Stoke Industrial School, MSC0007515,
p 9.
[583] Royal
Commission of Inquiry into Stoke Industrial School, MSC0007515,
p 2.
[584] Royal
Commission of Inquiry into Stoke Industrial School, MSC0007515,
p 2.
[585] Royal
Commission of Inquiry into Stoke Industrial School, MSC0007515,
p 3.
[586] Royal
Commission of Inquiry into Stoke Industrial School, MSC0007515, p 7.
[587] Royal Commission of
Inquiry into Stoke Industrial School, MSC0007515,
p 6.
[588] Transcript of
the Crown’s opening statement from the Faith Institutional Response
Hearing, TRN0000411 (Royal Commission of
Inquiry into Abuse in Care, 09 February
2022) , p 26.
[589] Brief of
evidence from Helen Hurst (Associate Deputy Secretary, Ministry of Education)
for the Marylands School public hearing, EXT0020167
(Royal Commission of Inquiry
into Abuse in Care, 7 October 2021), para
3.6.
[590] Brief of evidence
from Helen Hurst (Associate Deputy Secretary, Ministry of Education) for the
Marylands School public hearing, EXT0020167
(Royal Commission of Inquiry into
Abuse in Care, 7 October 2021), para
4.14.
[591] Brief of evidence
from Helen Hurst (Associate Deputy Secretary, Ministry of Education),
EXT0020167, para 4.14.
[592]
Transcript of the Crown’s closing statement from the Marylands School
public hearing, TRN0000417 (Royal Commission of Inquiry
into Abuse in Care, 17
February 2022), p 9, pp
577.
[593] Transcript of the
Crown’s closing statement, TRN0000417 p 9, pp 577.
[594] Transcript of evidence
of Peter Galvin for Oranga Tamariki, for the Marylands School public hearing,
TRN0000416, p 40, pp 550.
[595]
Transcript of evidence of Sonja Cooper and Sam Benton for Cooper Legal from the
Marylands School public hearing, TRN0000414 (Royal
Commission of Inquiry into
Abuse in Care, 14 February 2022), p 67, pp
343.
[596] Transcript of
evidence of Peter Galvin for Oranga Tamariki from the Marylands School public
hearing, TRN0000416 (Royal Commission
of Inquiry into Abuse in Care, 16 February
2022), p 80, pp 550.
[597]
Transcript of evidence of Peter Galvin for Oranga Tamariki from the Marylands
School public hearing, TRN0000416 (Royal Commission
of Inquiry into Abuse in
Care, 16 February 2022), p 92, pp
558.
[598] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 94, pp
560.
[599] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[600] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[601] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[602] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[603] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001, p
549.
[604] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001,
para 563.
[605] Transcript
of evidence of Peter Galvin for Oranga Tamariki from the Marylands School public
hearing, TRN0000416 (Royal Commission
of Inquiry into Abuse in Care, 16 February
2022), p 96, pp 562.
[606]
Transcript of evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 98, pp
564.
[607] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 96, pp 562.
[608] Transcript of evidence of
Peter Galvin for Oranga Tamariki, TRN0000416, p 96, pp
562.
[609] Witness statement of
Sonja Cooper and Ben Benton of Cooper Legal, WITN0831001, para 41.
[610] Transcript of evidence
of Peter Galvin for Oranga Tamariki, TRN0000416, p 95, pp
561.
[611] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 97, pp
563.
[612] Witness statement of
Danny Akula, WITN0745001, paras 243-244.
[613] Letter from Archbishop of Wellington to Bishop Meeking, passing report of abuse to Bishop Meeking and suggesting that the Order be notified, CTH0016715, 10 December 1993, p 2–4.
[614] Letter from Bishop Meeking to Brother Joseph Smith, requesting the person who made the report of abuse be contacted, CTH0015253, (15 December 1993).
[615] Witness statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into Abuse in
care, 27 May 2022), para
58.
[616] Letter from Brother
Peter Burke to Mr DO, regarding Mr DO’s settlement amount, CTH0014562 (14
March 2003), p 6.
[617] Letter
from Brother Peter Burke to Bishop of Paramatta in Australia Bishop Kevin
Manning, regarding the transfer of Brother Raymond
Garchow to Australia,
CTH0011760 (3 October 2002), p
9.
[618] Witness statement of
Brother Timothy Graham, WITN0837001, paras 170 and 172.
[619] Witness statement of
Brother Timothy Graham, WITN0837001, para 170 and 172; See also Te
Rōpū Tautoko Marylands Briefing
Paper #2: Summary of events relating
to the Hebron Trust, MSC0007268, para
42.
[620] Sarona Losefa,
“Workers quit over action on abuse claims”, The Press (15 October
1993), NZP0015053.
[621] The Press, Christchurch,
Newspaper article ‘Trust worker willing to return to face sex-abuse
charges’ NZP0015057, p 1.
[622] Letter from Brother
Joseph Smith to Brother Brian O’Donnell, CTH0011833,
p 8.
[623] Letter to
Brother McGrath from Provincial Brother John Gibson, CTH0011823, p
16.
[624] Statement of Brother
Brian O’Donnell, NZP0027295 (NZ Police, undated), p
15.
[625] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 6.
[626] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 6.
[627] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 6.
[628] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 7.
[629] Letter from
Brother Brian O’Donnell to Reverend E. Brosnahan, regarding Brother
Bernard McGrath making Solemn Profession, CTH0011823
(3 April 1975), p
13.
[630] House Diary for
Marylands 1977–1993, annotated by High Court registrar as Exhibit No. 11
for R v Mcgrath, CRI-2004-008-2462,
CTH0010252 (20 February 2006), p 63; and Job
Sheet, Detective Paul Sullivan, New Zealand Police, Operation Authority,
NZP0028228
(30 July 2003), p
1.
[631]
Statement of Brother Brian O’Donnell,
NZP0027295, p 15.
[632]
Statement of Brother Brian O’Donnell, NZP0027295, p
15.
[633] ‘House
Diary’ for Marylands,1977–1993, (20 February 2006), p 63.
[634] Statement of Brian
Phillip O’Donnell, NZP0027743 (NZ Police, 11 June 2003), p
7.
[635] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 7.
[636] Transcript of
teleconference between MAG, Br Brian O'Donnell and JXC, CTH0018408 (19 December
2016) p 7.
[637] Letter from
Brother O’Donnell to Brother Moloney, regarding Marylands allegations,
CTH0010245 (24 October 1977), p
1.
[638] Statement of Brian
Phillip O’Donnell, NZP0027743, p 7.
[639] Email correspondence between Philip Russell and Earle Borrell, NZP0012845, 11 September 2003, p 1.
[640] Statement from Brian O’Donnell to NZ Police regarding his life in the St John of God Order and knowledge of historical sexual abuse, NZP0012941 (NZ Police, 24 July 2003), p 6.
[641] Letter from Brother Timothy Graham (Provincial) regarding letters destroyed in 1977, CTH0008553 (20 February 2020) p 1.
[642] Police statement of Brother WW, NZP0011817, 26 June 2003, p 6.
[643] Police statement of
Brother WW, NZP0011817, 26 June 2003, p
6.
[644] ‘House
Diary’ for Marylands,1977–1993, annotated by High Court registrar as
Exhibit No. 11 for R v McGrath, CRI-2004-008-2462,
CTH0010252 (20 February
2006).
[645] Statement of Dr Michelle
Mulvihill, consultant psychologist to St John order, NZP0012947 (NZ Police, 12
June 2003), p 2.
[646] ABC
Australia notes from sentencing of Brother McGrath,
CTH0008331.
[647] Letter from
Prior Brian O’Donnell to Prior General Brother Pierluigi Marchesi,
regarding Brother Moloney to join the community
at the Vatican Pharmacy,
CTH0012069 (10 December
1976).
[648] Letter from
Brother Rodger Moloney to Mr A E Hinton, Assistant Director General of
Education, MOE0002325 (9 August
1977).
[649] Te Rōpū
Tautoko Marylands Briefing Paper 5, CTH0015243.
[650] Te Rōpū Tautoko
Marylands Briefing Paper 5,
CTH0015243.
[651] Witness
statement of James Tasker,
WITN0675001.
[652] Te
Rōpū Tautoko Marylands Briefing Paper 5,
CTH0015243.
[653] Code of Canon
Law, The Holy See, last visited 01 April 2023, https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib2-cann607-709_en.html
- at Can. 665 §1
[654]
Transcript of Makinson d'Apice Lawyers' interview of Brother Brian O'Donnell,
CTH0018408, p 4.
[655] Letter
from Brother Terry Tehan to Howard Harrison, regarding Bernard McGrath’s
first complaint date, CTH0016507 (20 October
2000); and witness statement of
Brother Timothy Graham, WITN0837001, para
173.
[656] House Diary for
Marylands 1977–1993, CTH0010252, p
62.
[657] 12th Provincial
Chapter, ‘Creating All Things New’, Schedule of Provincial
Leadership, Local Community Leaders, Formation,
NZP0014216 (June 29,
1992).
[658] Transcript of
Makinson d'Apice Lawyers' interview of Brother Brian O'Donnell, CTH0018408, p
6.
[659] Witness statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into abuse in
Care, 27 May 2022) para
14.
[660] Redacted statement by
Bernard McGrath for solicitors for Carroll & O’Dea (solicitors) acting
for the St John of God Brotherhood,
CTH0018406 (14 March 1997) p 5 para
13.
[661] Witness statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into abuse in
Care, 27 May 2022) para
7.
[662] Witness statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into abuse in
Care, 27 May 2022) para 13.
[663] Statement of Andrew
Downs, regarding allegations of abuse against Bernard McGrath and Dave Watts,
CTH0012292 (17 July 2002), p 2;
Witness statement of Andrew Downs,
WITN0766001 (Royal Commission of Inquiry into Abuse in Care, 4 October 2021)
para 66.
[664] Notes made by
Sister Mary-Ellen McGuinness, regarding allegations against Brother Bernard
McGrath, CTH0014213 (undated), pp
1–3.
[665] House Diary
for Marylands 1977–1993, CTH0010252, p 62.
[666] Notes made by Sister
Mary-Ellen McGuinness, CTH0014213, pp 1–3; and Hebron Briefing Paper No.
2, Summary of funding and costs
associated with redress, EXT0015580 (29 January
2021) para 42.
[667] Multiple
documents, including Sister Mary-Ellen McGuinness's summary of events throughout
the 1992 McGrath abuse allegations at Hebron
Trust, further includes memorandum
sent to Hebron staff to inform of allegations, CTH0014213 (1992-1993), p
1.
[668] Witness statement of
Lee Robinson, WITN0836001, para
70.
[669] Witness statement of
Andrew Downs, WITN0766001 (Royal Commission of Inquiry into Abuse in Care, 4
October 2021), para 53.
[670]
Multiple documents, including Sister Mary-Ellen McGuinness's summary of events
throughout the 1992 McGrath abuse allegations at Hebron
Trust, further includes
memorandum sent to Hebron staff to inform of allegations, CTH0014213
(1992–1993), p 2.
[671]
Multiple documents, including Sister Mary-Ellen McGuinness's summary of events
throughout the 1992 McGrath abuse allegations at Hebron
Trust, further includes
memorandum sent to Hebron staff to inform of allegations, CTH0014213
(1992–1993), p 2.
[672]
Multiple documents, including Sister Mary-Ellen McGuinness's summary of events
throughout the 1992 McGrath abuse allegations at Hebron
Trust, further includes
memorandum sent to Hebron staff to inform of allegations, CTH0014213
(1992–1993), p 2.
[673]
Multiple documents, including Sister Mary-Ellen McGuinness's summary of events
throughout the 1992 McGrath abuse allegations at Hebron
Trust, further includes
memorandum sent to Hebron staff to inform of allegations, CTH0014213
(1992–1993), p 2.
[674]
Letter from Mr JA to Brother Bernard McGrath, regarding withdrawing his
complaint, CTH0011926 (11 June 1992), p
1.
[675] Notes made by Sister
Mary-Ellen McGuinness, CTH0014213, p
1–3.
[676]A witness
statement, previous employee of Hebron Trust, NZP0015005 (NZ Police, 19 October
1992), p 4.
[677] Witness
Statement of Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into
Abuse in Care, 27 May 2022), para
17.
[678] Witness Statement of
Brother Joseph Smith, WITN1273001, para
16–17.
[679] Notes made
by Sister Mary-Ellen McGuinness, CTH0014213, p
1–3.
[680] Witness
statement of Brother Timothy Graham, WITN0837001, para 174; and Statement of
Andrew Downs, CTH0012292, p
2.
[681] House Diary for
Marylands 1977-–993, CTH0010252, p
63.
[682] Notes made by Sister
Mary-Ellen McGuinness, CTH0014213, p 1–3.
[683] Report to Minister for
Social Welfare from NZ Community funding agency, regarding Bernard McGrath and
accountability for Hebron Trust,
ORT0006888 (undated) paras 4.1–4.2.
Police made approaches to Hebron in August 1992, but did not take formal action.
[684] Provincial Council
Minute regarding Brother Bernard McGrath, CTH0012028 (8-9 August 1992), p
1.
[685] Witness Statement of
Brother Joseph Smith, EXT0020043 (Royal Commission of Inquiry into Abuse in
Care, 27 May 2022) para
24.
[686] Letter from Paul
Gamble to Carroll & O’Dea, regarding a disputed allegation of sexual
abuse against Brother McGrath, CTH00016413
(16 February 2001), p 1.
[687] Handwritten notes by
Brother Joseph Smith titled ‘Special Issues’, recording process of
responding to allegations of
abuse against Brother Bernard McGrath,
CTH0012039_00064 (11–13 August 1992), p
1–6.
[688] Handwritten
notes by Brother Joseph Smith titled ‘Special
Issues’CTH0012039_00064, p 1–6.
[689] Witness Statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into Abuse in
Care, 27 May 2022), para
12.
[690] Witness statement of
Andrew Downs, WITN07660001 (Royal Commission of Inquiry into Abuse in Care, 4
October 2021), para 46.
[691]
House Diary for Marylands 1977-1993, CTH0010252, p
63.
[692] Handwritten notes by
Brother Joseph Smith titled ‘Special Issues’, CTH0012039_00064, p
4.
[693] Witness statement of
Brother Joseph Smith, WITN1273001 (Royal Commission of Inquiry into Abuse in
Care, 27 May 2022) para 32.
[694] Letter from the NZ Community Funding Agency to the Minister of Social Welfare, recording that Police made approaches to Hebron in August 1992, but did not take formal action, ORT0006888, (undated), para 4.2
[695] Letter from the NZ Community Funding Agency to the Minister of Social Welfare, ORT0006888, (no date), para 6.1
[696] Handwritten notes by
Brother Joseph Smith titled ‘Special Issues’, CTH0012039_00064, p
1–6.
[697] Witness
statement of Brother Timothy Graham, WITN0837001, para 176(d).
[698] Witness statement of Brother Joseph Smith, 27 May 2022, WITN1273001 para 33.
[699] Witness statement of
Brother Joseph Smith, 27 May 2022, WITN1273001 para
33.
[700] Witness statement of
Brother Timothy Graham, WITN0837001, para
179.
[701] Witness statement of
Brother Timothy Graham, WITN0837001, para
178.
[702] Email from Brother
Timothy Graham to Nial Fulton, regarding removal of Brother Bernard McGrath from
the community following allegations
of abuse, CTH0008553 (20 February 2020), p
1.
[703] Report to Minister for
Social Welfare from NZ Community funding agency, regarding Bernard McGrath and
accountability for Hebron Trust,
ORT0006888 (undated) para
3.1.
[704] Letter from Brother
Joseph Smith to Peter Lechner, Director of Jemez Program, regarding Bernard
McGrath's treatment summary at Jemez
Springs, CTH0011886 (17 November 1992), p
77.
[705] Letter from Paul
Gamble to Carroll & O’Dea, regarding a disputed allegation of sexual
abuse against Brother McGrath, CTH0015170_00002
(16 February 2001), p
2.
[706] Diocese of
Christchurch Responses to Questionnaire for the Quinquennial Report, CTH0000120
(April 1993), pp
1–29.
[707] Letter from
Peter Lechner to Brother Joseph Smith, regarding Brother Bernard McGrath
treatment progress, CTH0011897 (28 June 1993),
pp 1–6; File
note: Peter Lechner, Director of Jemez Program, summary of Brother Bernard
McGrath’s treatment, NZP0014808
(undated), p
4.
[708] Statement of claim
including the Trustees of the Hospitaller Brothers of St John of God,
CTH0012032_00014 (4 July 1993), pp
1–6.
[709] Letter from
Brother Joseph Smith to Peter Lechner, CTH0011886, p
77.
[710] Letter from Brother
Stephen de la Rosa to Brother Joseph Smith, regarding proposal that Brother
Benard continue his program at Apple
Valley, USA, CTH0012039_00025 (2 July
1993), p 1
[711] Handwritten
notes from Brother Joseph Smith regarding phone call with Cathy Harrison (Hebron
Trust), concerning inappropriate behaviour
allegation against Bernard McGrath,
CTH0012039_00017 (4 August 1993) p
1.
[712] Handwritten notes from
Brother Joseph Smith regarding phone call with Cathy Harrison (Hebron Trust)
concerning inappropriate behaviour
allegation against Bernard McGrath,
CTH0012039_00017 (4 August 1993) p
1.
[713] Signed agreement
between Brother Joseph Smith and Brother Bernard McGrath, regarding
McGrath’s return to Australia or New Zealand,
NZP0014796 (1 October 1993)
p 1.
[714] Annotated facsimile
of Press Statement from the Order regarding their awareness of abuse allegations
and subsequent actions, CTH0020736
(3 October 1993) p
2.
[715] Witness statement of
Peter Read on post-hearing matters for Marylands hearing, WITN0838004 (Royal
Commission of Inquiry into Abuse
in Care, 7 April 2022) para
3.1(g).
[716] Letter from NZ
Community Funding Agency to the Minister of Social Welfare, regarding the
historic involvement with Hebron Trust and
the Trust's actions since Bernard
McGrath's abuse became known, ORT0006888, 4 February 1993, p
3.
[717] Sarona Iosefa,
‘Trust worker willing to return to face sex-abuse charges’, The
Press, (6 October 1993) NZP0015057 (6
October
1993).
[718] Sarona Iosefa,
‘Trust worker willing to return to face sex-abuse charges’,
NZP0015057 (6 October
1993).
[719] Sarona Iosefa,
‘Trust worker willing to return to face sex-abuse charges’,
NZP0015057 (6 October
1993).
[720] Sarona Iosefa,
‘Trust worker willing to return to face sex-abuse charges’,
NZP0015057 (6 October
1993).
[721] Sarona Iosefa,
‘Trust worker willing to return to face sex-abuse charges’,
NZP0015057 (6 October
1993).
[722] Police Statement
of Sister Mary-Ellen McGuinness, NZP0015011, NZ Police, (13 October
1993).
[723] Sarona Iosefa,
‘Workers quit over action on abuse claims’, The Press, (15 October
1993), NZP0015053.
[724]A
witness statement, WITN1090001, (Royal Commission of Inquiry into Abuse in Care,
25 February 2022), para
1.8
[725] Report to Minister
for Social Welfare from Ann Clark (NZ Community Funding Agency), regarding
Bernard McGrath and accountability
for Hebron Trust, ORT0006888 (undated) p
2.
[726] Report to Minister for
Social Welfare, ORT0006888 p
2.
[727] Witness Statement of
Hanz Freller, WITN0516001, (Royal Commission of Inquiry into Abuse in Care, 3
May 2021) para 5.9.
[728]
Witness statement of Peter Read on post-hearing matters for Marylands hearing,
WITN0838004 (Royal Commission of Inquiry into Abuse
in Care, 7 April 2022) para
3.1(j).
[729] Witness statement
of Peter Read on post-hearing matters for Marylands hearing, para
3.1(k).
[730] Witness statement
of Brother Timothy Graham, WITN0837001 (Royal Commission of Inquiry into Abuse
in Care, 28 September 2021) para
88.
[731] Report to Minister for Social Welfare, ORT0006888 p 2.
[732] Report to Minister for
Social Welfare, ORT0006888 p
3.
[733] Submission of Brother
Timothy Graham on behalf of the Hospitaller Order of Saint John of God to the
Victorian Parliamentary Inquiry
into the Handling of the Child Abuse by
Religious and Other Non-Governmental Organisations, CTH0016381_00001 (26 April
2013), p 5.
[734] Murray
Mottram, ‘How a fighter brought St John of God to order’ The Age,
ORT0003556_00002, p
1–2.
[735] Murray
Mottram, ‘How a fighter brought St John of God to order’ The Age,
ORT0003556_00002, p
1–2.
[736] Yvonne Martin,
‘Dis-Orderly conduct’, The Press (22 June 2002).
MSC0008455.
[737] Media
statement from Brother Peter Burke, regarding the use of “confidentiality
clauses” in settlement agreements, CTH0016713
(20 June 2002), p
2.
[738] Response from Bishop
John Cunneen to Geoff Collett, Christchurch Press, regarding the 2002 reports of
abuse by brothers of the Order
of St John of God, CTH0014204_00027 (28 June
2002), para 27.
[739] Yvonne
Martin, ‘White-collar crime’, The Press, NZP0012607 (29 June 2002)
p 1.
[740] Yvonne Martin,
White collar crime, NZP0012607, p 1. Noting this is an earlier date than
the May 1992 date the Order now says it received
a complaint relating to Brother
McGrath. The Inquiry has not received any evidence regarding the earlier
complaint in February 1992
referred to in the media
article.
[741] Yvonne Martin,
White collar crime, NZP0012607,
p 1.
[742] Yvonne Martin,
White collar crime, NZP0012607,
p 1.
[743] For example:
Letter from Sir Rodney Gallen to R Cathie, CTH0012238_00012 (5 March 2003) p 2;
Transcript of McGrath hearing, MSC0007496_00004,
p
206.
[744] Witness statement of
Brother Timothy Graham, WITN0837001, para 248. Brother Graham told us he
was critical of this aspect of Brother
Burke’s pastoral process, arguing
it should have required deeds of release in favour of the Order once a
negotiated outcome
was reached.
[745] Witness statement of
Brother Timothy Graham, WITN0837001,
para 248.
[746] Transcript
of evidence of Dr Michelle Mulvihill from the Marylands School public hearing,
TRN0000414 (Royal Commission of Inquiry
into Abuse in Care, 14 February 2022), p
38 pp 314.
[747]
Transcript of evidence of Dr Michelle Mulvihill, TRN0000414, p 21 pp 297.
[748] Guidelines for Brothers
of St John of God in Australia, New Zealand and Papua New Guinea in
Implementation of “Towards Healing”,
Policies & Procedures of
the Province Professional Standards Committee (PPSC) Draft 4, CTH0015049
(September 1997), p 8.
[749]
Guidelines for Brothers of St John of God in Australia, New Zealand and Papua
New Guinea, CTH0015049, p
8.
[750] Guidelines for
Brothers of St John of God in Australia, New Zealand and Papua New Guinea,
CTH0015049, p 9.
[751]
Guidelines for Brothers of St John of God in Australia, New Zealand and Papua
New Guinea, CTH0015049, p
9.
[752] Newsletter from
Brother Peter Burke for victims going through the St John of God pastoral
process (5 August 2003), CTH0015149,
p
47.
[753] Newsletter
from Brother Peter Burke, CTH0015149,
p 47.
[754] Memorandum
‘The Pastoral Process’ from Brother Peter Burke, CTH0012238_00023
(undated).
[755] Hospitaller
Order of St John of God Professional Standards Committee Minutes, regarding the
steps taken in response to the complaints
of abuse at Marylands School,
CTH0012250 (14 August 2002), p
3.
[756] Hospitaller Order of
St John of God Professional Standards Committee Minutes, CTH0012250, p 9.
Payments were made with funding borrowed
from the Catholic Development
Fund.
[757] Letter from Sir
Rodney Gallen to R.H. Cathie, regarding agreement to the Order’s request
to audit the way it had implemented
the pastoral process, CTH0015888 (9 November
2002), p 2.
[758] It appears
reports of abuse were categorised, with pastoral payments of $65,000 being
offered to one group of survivors and $120,000
offered to the other group. There
is no evidence on the reasons for those levels of payments. Refer to Letter from
Sir Rodney Gallen
to R.H. Cathie, CTH0015888, p
2.
[759] Letter from Sir Rodney
Gallen to R Cathie, enclosing a general report on the redress process undertaken
by the Order of St. John
of God, CTH0012238_00012 (5 March 2003),
p2.
[760] Letter from Brother
Peter Burke to unnamed survivor, regarding the consideration by Sir Rodney
Gallen in the settlement, CTH0012238_00011
(29 November 2002) p
1.
[761] Letter from Brother
Peter Burke to Mr CB, regarding offer of financial settlement to ex-Marylands
student, Mr CB, NZP0015922 (14
March
2003).
[762] Newsletter from
Brother Peter Burke to survivors, regarding details of the financial settlements
process set out, CTH0012247 (3 August
2003),
p 1.
[763] Letter from
Saunders Robinson to D Russell, notifying appointment of Sir Rodney Gallen as an
independent mediator, CTH0014526 (8
November 2002), p
1.
[764] Witness statement of
Detective Superintendent Peter Read, NZP0042570, 5 August 2021, para 3.6
[765] Witness statement of Detective Superintendent Peter Read, NZP0042570, 5 August 2021, paras 7.1-7.2.
[766] Witness statement of Detective Superintendent Peter Read, NZP0042570, 5 August 2021, para 7.9.
[767] Witness statement of
Detective Superintendent Peter Read, NZP0042570, 5 August 2021, para
9.2
[768] Second witness
statement of Peter Read, WITN0838002, paras 3.8 and
5.2.
[769] Transcript of
evidence of Peter Read from the Marylands School public hearing, TRN0000416
(Royal Commission of Inquiry into Abuse
in Care, 16 February 2022), p
54–55
pp 520–521.
[770]
Second witness statement of Peter Read, WITN0838002,
para 2.18.
[771] Witness
statement of Peter Read, WITN0838001, para 2.8(d)(i) and second witness
statement of Peter Read, WITN0838002,
para 4.9.
[772] NZ Police
Jobsheet, Detective R M Emerson, NZP0030333 (NZ Police, 24 October 2003), p
2.
[773] First witness statement
of Peter Read, WITN0838001, para
4.7.
[774] Witness statement of
Ms DN, WITN0870001,
paras 3.56–3.57.
[775]
Witness statement of Ms DN, WITN0870001,
para 3.58
[776] Transcript
of evidence of Ms DN, TRN0000411, p 97
pp 95.
[777] Transcript of
evidence of Ms DN, TRN0000411, p 98 pp
96.
[778] Transcript of
evidence of Ms DN, TRN0000411, p 98 pp 96.
[779] Second witness statement
of Ken Clearwater, WITN0649002 (Royal Commission of Inquiry into Abuse in Care,
28 January 2022),
para 38.
[780] Transcript
of evidence of Peter Read, TRN0000416, p 57 pp
523.
[781] Transcript of
evidence of Peter Read, TRN0000416, p 57 pp
523.
[782] Hospitaller Order of
St John of God Professional Standards Committee Minutes, CTH0012250, p 16.
The decision was reaffirmed by the
committee in
2004.
[783] Evidence of Peter
Burke at Deposition hearing, MSC0008037, p 9
pp 34.
[784] Transcript of
McGrath hearing, MSC0007496_00004,
p 210.
[785] Transcript of
evidence of Peter Read, TRN0000416, p 47 pp
513.
[786] Newsletter from
Brother Peter Burke, CTH0015149,
p 52.
[787] Newsletter
from Brother Peter Burke, CTH0015149,
p 52.
[788] Letter from
Brother Peter Burke (Provincial), regarding Marylands, CTH0017947 (3 February
2004).
[789] Witness statement
of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, paras 792,
805, 806.
[790] Transcript of
evidence of Dr. Michelle Mulvihill at Marylands School public hearing,
TRN0000414 (Royal Commission of Inquiry into
Abuse in Care, 14 February 2022) p
26, pp 302.
[791] Letter from
Reverend Michael Malone to Brother Donatus Forkan, regarding Apostolic
Visitation of the SJOG Australian Province, CTH0019383
(10 April 2007), p
3.
[792] Letter from Dr
Michelle Mulvihill to Prior General Brother Donatus Forkan, regarding concerns
about sexual abuse allegations against
recently elected members, EXT0018237 (2
April 2007), p 1–2.
[793]
Letter from Reverend Michael Malone to Prior General, Brother Donatus Forkan,
regarding widespread culture of sexual abuse amongst
members of the Australian
Province of the Brothers of St John of God, CTH0018360 (10 April 2007), p
2.
[794] Letter from Brother
Timothy Graham to Prior General Brother Donatus Forkan, regarding articles in
the press accusing the Province
of inadequate responses to allegations of abuse,
CTH0019368 (25 June 2007), p
1.
[795] Letter from Brother
Timothy Graham to Prior General Brother Donatus Forkan, CTH0019368, p 1.
[796] Witness statement of Dr
Michelle Mulvihill, WITN0771001 (Royal Commission of Inquiry into Abuse in Care,
15 September 2021), para
162.
[797] Letter from Brother
Timothy Graham to Brother Rudolf Knopp and Brother José Maria Chavarri,
CTH0019369 (5 July 2007).
[798]
Email from Simpson Grierson (16 June
2022).
[799] Letter from Dr
Michelle Mulvihill to Prior General Brother Donatus Forkan, EXT0018237, pp
1–2.
[800] Westwood Spice
Report, Report on St John of God Review of Complaints Management Process,
CTH0015183 (26 September 2008),
pp1–57.
[801] Westwood
Spice Report, CTH0015183,
p 11.
[802] Witness
statement of Mr AR, WITN0901001 (Royal Commission of Inquiry into Abuse in Care,
26 April 2022)
para 7.18.
[803] Witness
statement of Mr AR, WITN0901001,
para 7.18.
[804] Letter
from Brother Timothy Graham to Brother Donatus Forkan, enclosing the final
Westwood Spice Report, CTH0019372
(10 October 2008).
[805]
Letter from Brother Timothy Graham to Brother Donatus Forkan, enclosing a letter
of response to the Westwood Spice Report, CTH0019375
(19 December 2008), p
1.
[806] Letter from Brother
Timothy Graham to Brother Donatus Forkan, providing an update on the management
of the professional standards
issues, CTH0019366 (10 October 2008), p
1.
[807] Letter from Reverend
Michael Malone to Brother Donatus Forkan, CTH0019383, p
2.
[808] Letter from Reverend
Michael Malone to Brother Donatus Forkan, CTH0019383, p 2.
[809] Letter from Brother Timothy Graham to Brother Donatus Forkan, enclosing a copy of a video documentary on Bernard McGrath, CTH0019367 (2 April 2009).
[810] Letter from Brother
Timothy Graham to Brother Donatus Forkan, CTH0019367 (2 April
2009).
[811] Transcript of
evidence of Brother Timothy Graham for the Marylands public school hearing,
TRN000415, (Royal Commission of Inquiry
into Abuse in Care), 15 February 2022, p
71.
[812] Letter from Brother
Bernard McGrath to Brother Timothy Graham, regarding sexual abuse by Brother
Rodger Moloney and Brother Berchmans
Moynahan, CTH0011944 (23 October
2008).
[813] Letter from
Brother Timothy Graham to Lee Robinson of Saunders Robinson Brown, regarding the
maximum budget and purchase of a house
for the “Bernard McGrath
Project”, CTH0016522 (11 September
2009).
[814] Deed of Release
between Brother Bernard McGrath and the Trustees of the Hospitaller Order of St
John of God and Brother Timothy Graham,
regarding the ex-gratia payment to
Brother Bernard McGrath, CTH0011956 (no date), p 5.
[815] Updating witness
statement of Sonja Cooper, Sam Benton and Caitlin Rabel on behalf of Cooper
Legal – relating to redress for
historic abuse in state and faith-based
care, WITN0831087 (Royal Commission of Inquiry into Abuse in Care, 9 December
2022), para
57.
[816] Updating
witness statement of Sonja Cooper, Sam Benton and Caitlin Rabel on behalf of
Cooper Legal, WITN0831087, para
63.
[817] Updating witness
statement of Sonja Cooper, Sam Benton and Caitlin Rabel on behalf of Cooper
Legal – relating to redress for
historic abus in state and faith-based
care between, WITN0831087 (Royal Commission of Inquiry into Abuse in Care, 9
December 2022),
para 72.
[818]
Updating witness statement of Sonja Cooper, Sam Benton and Caitlin Rabel on
behalf of Cooper Legal, WITN0831087, para
65.
[819] Letter from Reverend
Michael Malone to Brother Donatus Forkan, CTH0019383, p
2.
[820] Victorian
Parliament’s Family and Community Development Committee Inquiry into the
Handling of Child Abuse by Religious and
Other Organisations, MSC0006399,
p 5, 6, 18.
[821] Letter
from Brother Timothy Graham to Prior General Donatus Forkan, regarding changes
to Brother Brian O’Donnell’s appointment
in Papua New Guinea and the
Victorian Parliament’s Inquiry into the Handling of Child Abuse by
Religious and Other Organisations,
CTH0015296, p 8.
[822] Transcript of evidence of Brother Timothy Graham, TRN0000415, p 105, pp 466.
[823] Transcript of evidence of Brother Timothy Graham, TRN0000415, p 106, pp 467.
[824] Submission by Reverend Dr
Wayne Te Kaawa, WITN1500002, (August
2022).
[825] Victorian
Parliament’s Family and Community Development Committee Inquiry into the
Handling of Child Abuse by religious and
other Organisations, MSC0006399,
p 7.
[826] Victorian
Parliament’s Family and Community Development Committee Inquiry into the
Handling of Child Abuse by religious and
other Organisations, MSC0006399,
p 18.
[827] Victorian
Parliament’s Family and Community Development Committee Inquiry into the
Handling of Child Abuse by religious and
other Organisations, MSC0006399,
p 18.
[828] Possible reasons for
financial redress not being made by the Order include: a report of abuse being
made recently which has not yet
been settled; a report by a parent of an
individual that attended Marylands or Hebron where no financial settlement was
made; a complainant
either stopped correspondence or passed away before
settlement.
[829] In terms of
value, the total value of all ex-gratia payments made to survivors by 29
Catholic Church authorities is NZD$16,841,558.
The value of the payments made by
St John of God to survivors (NZD$7,992,066) is 48 percent of all ex-gratia
payments. If the ex-gratia
payments made to St John of God survivors is
excluded, the total amount paid to survivors by other Catholic Church
authorities is
NZD$8,849,492. The average ex gratia payment made to those 360
survivors who received money from other Catholic Church authorities
is
NZD$24,582. This average is NZD$46,776 less than the average payment made to St
John of God survivors.
[830]
Transcript of evidence of Brother Timothy Graham, TRN0000415, p 22 pp
383.
[831] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 775.
[832] Brief of evidence of
Linda Hrstich-Meyer for MSD, WITN0102005, paras
4.1–5.5.
[833] Ministry
of Education submission in response to the Royal Commission of Inquiry’s
Notice to Produce No. 202: Schedule 2, MOE0002844,
pp 25–26; Brief of
evidence from Helen Hurst (Associate Deputy Secretary, Ministry of Education)
for the Marylands School public
hearing, EXT0020167 (Royal Commission of Inquiry
into Abuse in Care, 7 October 2021), paras 6.1 to
6.12.
[834] Ministry of
Education submission in response to the Royal Commission of Inquiry’s
Notice to Produce No. 202: Schedule 2, MOE0002844,
p
25–26.
[835] Brief of
evidence of Linda Hrstich-Meyer for MSD, WITN0102005 (Royal Commission of
Inquiry into Abuse in Care, 8 February 2022),
para 5.1.
[836] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
43.
[837] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 43.
[838] Brief of evidence of
Linda Hrstich-Meyer for MSD, WITN0102005, para 4.1.
[839] Brief of evidence of
Linda Hrstich-Meyer for MSD, WITN0102005, para
4.1.
[840] Witness statement of
Alan Nixon, WITN0716001, para
33.
[841] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
42.
[842] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
364.
[843] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
364.
[844] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 364.
[845] Transcript of evidence of
Linda Hrstich-Meyer for MSD, TRN0000416, p 75–77 pp
541–543.
[846] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
275.
[847] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 275.
[848] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, para 12.
[849] Witness statement of Sister Mary Monaghan, WITN1801001 (2023) para 14.
[850] Witness statement of
Sister Mary Monaghan, WITN1801001 (2023) para
15.
[851] Witness statement of
Mr IH, WITN0671001, para
113.
[852] Witness statement of
Mr CA, WITN0721001, para
29.
[853] Witness Statement of
Steven Long, WITN0744001, para
35.
[854] Witness statement of
Edward Marriott, WITN0442001 (Royal Commission of Inquiry into Abuse in Care, 24
May 2021), p. 20.
[855] Witness
statement of Danny Akula, WINT0745001 (Royal Commission of Inquiry into Abuse in
Care, 13 October 2021), p
39.
[856] Witness statement of
Mr HZ, WITN0324015 (Royal Commission of Inquiry into Abuse in Care, 14 May
2021), p 16.
[857] Witness
statement of Mr CB, WITN0813001 (Royal Commission of Inquiry into Abuse in
Care, 22 November 2021), p 10.
[858] Transcript of evidence of Dr Michelle Mulvihill, TRN0000414, p 38, pp 314.
[859] Witness statement of Adam Powell, WITN0627001, para 71.
[860] Witness statement of Adam
Powell, WITN0627001, para
86.
[861] Witness statement of
Darryl Smith, WITN0840001, para 54.
[862] Submission of Darryl
Smith, MSC0008833 (20 February 2023) p
1.
[863] He Purapura Ora, he
Māra Tipu: From Redress to Puretumu Torowhānui, Royal Commission of
Inquiry into Abuse In Care, December
2021, p
266.
[864] UNHRC General
Comment No. 7: Article 7 (Prohibition of torture or cruel, inhuman or degrading
treatment or punishment), 1982 at
[1].
[865] UNHRC General
Comment No. 20: Article 7 (Prohibition of torture or cruel, inhuman or degrading
treatment or punishment), 1992 at
[14].
[866] Zentveld v New
Zealand CAT/C/68/D/852/2017 4 December 2019 at [9.2].
[867] Zentveld v New Zealand
CAT/C/68/D/852/2017 4 December 2019 at [8.3].
[868] UNHRC General Comment
No. 31: The Nature of the General Legal Obligations Imposed on States Parties to
the Covenant CCPR/C/21/Rev.1/Add.13
2004 at
[8].
[869] For example, see:
UN Special Rapporteur on Torture, Report on Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Committee on Human Rights, E/CN.4/1986/15, 19
February 1986 at [36], [38] and page 29; Raquel Martín de Mejía v.
Peru
Inter-American Commission on Human Rights, Report nº 5/96, Case
10.970, 1 March 1996: “the Commission considers that rape
is a physical
and mental abuse that is perpetrated as a result of an act of violence [...].
The fact of being made the subject of
abuse of this nature also causes a
psychological trauma that results [...] from having been humiliated and
victimized. [...] Raquel
Mejía was raped [in 1989] with the aim of
punishing her personally and intimidating her [...] The third requirement of the
definition of torture is that the act must have been perpetrated by a public
official or by a private individual at the instigation
of the former. As
concluded in the foregoing, the man who raped Raquel Mejía was a member
of the security forces [...]”;
and Prosecutor v Kunarac, Kovac and Vukovic
(IT-96-23 & IT-96-23/1-A), International Tribunal for the Prosecution of
Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991,
12 June 2002,
Appeals Chamber at [142]-[156].
[870] M.C. v. Poland, European
Court of Human Rights, 3 March 2015 at [86]; A and B v. Croatia European Court
of Human Rights 20 June 2019
at [106], [110], [111] and [114]; and X and Others
v Bulgaria European Court of Human Rights (Grand Chamber) 2 February 2021 at
[193].
[871] For example, UNHRC
General Comment No. 7: Article 7 (Prohibition of torture or cruel, inhuman or
degrading treatment or punishment),
1982 at [2]; UN Special Rapporteur on
Torture, Report on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Committee
on Human Rights, E/CN.4/1986/15, 19 February 1986 at [48];
and Costello-Roberts v United Kingdom ECHR (25 March 1993) at
[30].
[872] O’Keeffe v
Ireland European Court of Human Rights (Grand Chamber) 28 January 2014 at
[144].
[873] O’Keeffe v
Ireland at [144].
[874]
O’Keeffe v Ireland at
[144].
[875] O’Keeffe v
Ireland at [145].
[876]
O’Keeffe v Ireland at [150] and
[165]-[169].
[877] Memorandum
of Counsel of behalf of the Crown: Faith-based institutions response hearing, 21
February 2023, para 24.
[878]
Memorandum of Counsel of behalf of the Crown: Faith-based institutions response
hearing, 21 February 2023, para 22.
[879] New Zealand Bill of Rights Act 1990, ss 3(b) and 1(2).
[880] See Waitangi Tribunal Tauranga Moana 1888-2006: Report on the Post-Raupatu Claims (Wai 215, 2010) at 476.
[881] For example, see: Education and Training Act 2020, ss 4, 5, 9 and 127.
[882] See Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board [2021] 1 NZLR 801, [2021] NZSC 127, paras 8 and 151; Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843, para 589; and Huakina Development Trust v Waikato Valley Authority [1987] NZHC 130; [1987] 2 NZLR 188 (HC).
[883] Barton-Prescott v Director-General of Social Welfare [1997] 3 NZLR 179 at 184.
[884] See Te Pou Matakana Limited v Attorney-General [2022] 2 NZLR 148, [2021] NZHC 2942. Although this case concerned the Ministry of Health’s policy commitments to exercise its powers in accordance with Te Tiriti, it may be arguable that faith-based institutions exercise public powers and functions when providing care and therefore could be amenable to judicial review if a decision is inconsistent with its own Te Tiriti commitments.
[885] New Zelaand Maori Counsil v Attorney-Geneal [1994] 1 NZLR 513 (PC) at 517 (the Broadcasting Assets case); and Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843 at [593] and [596].
[886] See New Zealand Māori Council v Attorney-General [1994] 1 NZLR 513 (PC) p 516; Sir Robin Cooke, “Introduction” (1990) 14 NZULR 1, p 1; Huakina Development Trust v Waikato Valley Authority [1987] 2NZLR 188 (HC) pp 206 and 210; and Attorney-General v New Zealand Māori Council (No 2) [1991] 2 NZLR147 (CA) p 149.
[887] Treaty of Waitangi Act 1975, Preamble and s 5.
[888] See, for example, New Zealand Māori Council v Attorney-General [1987] 1 NZLR 641 (CA) pp 661–662.
[889] As recognised by the Privy Council in New Zealand Māori Council v Attorney-General [1994] 1 NZLR 513 (PC) p 517. Also the Supreme Court has demonstrated a willingness to refer to and uphold the articles of te Tiriti: in Trans-Tasman Resources Resources Ltd v Taranaki-Whanganui Conservation Board [2021] 1 NZLR 801, [2021] NZSC 127 see the reference to “the guarantee in art 2 of the Treaty of tino rangatiratanga” at para 154 per William Young and Ellen France JJ; in Ellis v R [2022] NZSC 114 at para 98 see the reference to “the tino rangatiratanga guarantee in Article 2” per Glazebrook J, and at para 174 per Winkelmann CJ the mention of “the protection of the law ... guaranteed to Māori under Article 3 of Te Tiriti o Waitangi”. The Executive has also done this: see Cabinet Office, ‘Te Tiriti o Waitangi / Treaty of Waitangi Guidance’, Cabinet Office Circular: CO(19)5, 22 October 2019, available online at https://dpmc.govt.nz/sites/default/files/2019-10/CO%2019%20%285%29%20Treaty%20of%20Waitangi%20Guidance%20for%20Agencies.pdf; see p17: “While the courts and previous guidance have developed and focused on principles of the Treaty, this guidance takes the texts of the Treaty as its focus”.
[890] See Wairarapa Moana ki Pouākani Incorporation v Mercury NZ Ltd [2022] NZSC 142 para 16; Te Rūnanga o Muriwhenua Inc v Attorney-General [1990] NZCA 7; [1990] 2 NZLR 641 (CA) p 656; and New Zealand Māori Council v Attorney-General [1987] 1 NZLR 641 (CA) pp 642 and 656. Also see Waitangi Tribunal, He Whakaputanga me te Tiriti, The Declaration and the Treaty: Report on Stage 1 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2014) p 529; and Ned Fletcher The Enlgish Text of the Treaty of Waitangi (Bridget Williams Books, August 2022).
[891] Waitangi Tribunal, He
Whakaputanga me te Tiriti, The Declaration and the Treaty: Report on Stage 1 of
the Te Paparahi o Te Raki Inquiry (Wai 1040, 2014), pp 526-529; and Waitangi
Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on
Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 23.
[892] Waitangi Tribunal, Te
Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims (Wai 898, 2018) Parts
1–2, p. 189.
[893] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 72.
[894] Waitangi Tribunal, He Pāharakeke, He Rito Whakakīkīnga Whāruarua: Oranga Tamariki Urgent Inquiry, Pre-publication version (Wai 2915, 2021) p.97.
[895] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 84.
[896] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 76; and Waitangi Tribunal, Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims (Wai 898, 2018), pp 158, 169 and 183, cited in Waitangi Tribunal, He Pāharakeke, He Rito Whakakīkinga Whāruarua: Oranga Tamariki Urgent Inquiry (Wai 2915, 2021), p 17.
[897] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), pp 77-79.
[898] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 81.
[899] Waitangi Tribunal, Tino Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (Wai 1040, 2022), p 81.
[900] Waitangi Tribunal, Tino
Rangatiratanga me te Kāwanatanga – The Report on Stage 2 of the Te
Paparahi o Te Raki Inquiry
(Wai 1040, 2022), p
82.
[901] Transcript of the
closing submissions of the Survivors Network of those Abused by Priests in
Aotearoa New Zealand from the Marylands
School public hearing, TRN0000417 (Royal
Commission of Inquiry into Abuse in Care, 17 February 2022), p 45, pp 613.
[902] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
44.
[903] Transcript of the
closing submissions of the Survivors Network of those Abused by Priests in
Aotearoa New Zealand, TRN0000417, p
43, pp 611.
[904] Witness statement of
Darryl Smith, WITN0840001, paras 45–46 and 77.
[905] Witness statement of Mr DJ WITN04130001 (Royal Commission of Inquiry into Abuse in Care, 23 April 2021), paras 6.37–6.38.
[906] Witness statement of Steven Long, WITN0744001, para 37.
[907] Witness statement of Mr
ES, WITN0734001, para 14.
[908]
Witness statement of Darryl Smith, WITN0840001, para
39.
[909] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
285.
[910] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
285.
[911] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
285.
[912] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para 286.
[913] For further background
information on the care of Deaf and Disabled people, see: He Purapura Ora, he
Māra Tipu, from Redress
to Puretumu Torowhānaui, p
40–44.
[914] Witness
statement of Ms IO, WITN0558001, paras
26–28.
[915] Witness
statement of William McElhinney, WITN0931001 (Royal Commission of Inquiry into
Abuse in Care, 3 March 2022), para
1.9.
[916] Witness statement of
Mr AL, WITN0623001, para
2.4.
[917] Witness statement of
Brother Timothy Graham, WITN0837001, para 60.
[918] Transcript of Darryl
Smith at Marylands School public hearing, TRN0000412, p 44, pp
42.
[919] Romano, E., Moorman,
J., Ressel, M., & Lyons, J. (2019). Men with childhood sexual abuse
histories: disclosure experiences and
links with mental health. Child Abuse
& Neglect, 89,
212–224.
[920] Witness
statement of Mr AL, WITN0623001, para 5.10.
[921] Witness statement of
Mr AL, WITN0623001, para
3.8.
[922] Te Rōpū
Tautoko Marylands Briefing Paper 2, MSC0007268, para
27.
[923] Witness statement of
Mr Justin Taia , WITN0759001, para
62.
[924] Witness statement of
Mr Justin Taia, WITN0759001, para 69.
815 Witness statement of Sonja Cooper and Sam Benton of Cooper
Legal, WITN0831001, para
457.
[925] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
118.
[926] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001, para
488.
[927] Constitutions and
General Statutes, Hospitaller Order of St John of God, Rome General Curia
(1971), Chapter 4 – Chastity and
Fraternal Correction, CTH0015272, cl
25.
[928] Constitutions and
General Statutes, CTH0015272, cl
26.
[929] Constitutions and
General Statutes, CTH0015272, cl
27.
[930] Statement of Brian
Phillip O'Donnell to NZ Police, CTH0015146, (NZ Police, 24 July 2003), p 5.
[931] Report to the Minister of Education, regarding Brothers of St John of God, Maintenance Subsidy – Marylands Home for Retarded Boys, MOE0002089 (29 August 1960).
[932] Joint Press Statement from the Minister of Health and Social Welfare and the Minister of Education, regarding Help for Marylands Special School, MOE0002144 (20 October 1972).
[933] Ministry of Education submission in response to the Royal Commission of Inquiry’s (notice to produce 25), MOE0002536, p 85–86.
[934] Letter to the Minister of
Education enclosing correspondence from Brother Stephen Coakley (Prior),
regarding the financing of Marylands,
MOE0002477 (19 March 1982) p
1-2.
[935] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 40, pp
316.
[936] Witness statement of
Brother Timothy Graham, WITN0837001 (Royal Commission of Inquiry into Abuse in
Care, 28 September 2021), para
59.
[937] Witness statement of
Brother Timothy Graham, WITN0837001 (Royal Commission of Inquiry into Abuse in
Care, 28 September 2021), para
58.
[938] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 22, pp
298.
[939] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 22, pp
298.
[940] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 22, pp
298.
[941] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 41, pp
317.
[942] Transcript of
evidence of the closing statement of Dr Michelle Mulvihill from the Marylands
School public hearing, TRN0000417 (Royal
Commission of Inquiry into Abuse in
Care, 17 February 2022), p 51, pp
619.
[943] Transcript of
evidence of Dr Michelle Mulvihill, TRN0000414, p 40, pp
316.
[944] Ministry of
Education submission in response to the Royal Commission of Inquiry’s
Notice to Produce No. 202: Schedule 2, MOE0002844
(5 July 2021), p 5.
[945] Ministry of Education
submission in response to the Royal Commission of Inquiry’s Notice to
Produce No. 202: Schedule 2, MOE0002844
(5 July 2021), p 5.
[946] Brief of evidence of
Helen Hurst, WITN0099003 (Ministry of Education, dated 7 October 2021), para
4.24(b).
[947] Pre-recorded
video recording of Trevor McDonald, played during the Marylands School public
hearing, TRN0000415 (Royal Commission
of Inquiry into Abuse in Care, 9 February
2022), p 93, pp 454.
[948] See,
for example, the two letters in 1956 between Brother Lebler at Marylands and the
then Provincial, CTH0011779_00056 (10 April
1956) and CTH0011779_00054 (19 July
1956).
[949] Letter from
Brother William Lebler to the Provincial, CTH0011779_00056, p 1; Letter from
Provincial to Brother Lebler, CTH0011779_00054,
p
1.
[950] Witness statement of
Mr AR, WITN0901001,
para 6.7.
[951] Witness
statement of Mr AR, WITN0901001, para 6.
7.
[952] Witness statement of
Andrew Downs, WITN0766001 (Royal Commission of Inquiry into Abuse in Care, 4
October 2021), para 50.
[953]
Transcript of evidence of Dr Michelle Mulvihill, TRN0000417, p 52, pp 620.
[954] Letter from Provincial
to Brother Lebler,
CTH0011779_00054.
[955] Letter
from Brother Timothy Graham to Brother André Sène, Secretary
General in Rome, regarding advice from Brother
Timothy Graham to delete any
material Brother André Sène should receive from ex-Marylands
student, CTH0015056 (11 December
2014).
[956] Witness statement
of Mr AR, WITN0901001,
para 6.13.
[957]
Transcript of evidence of Steven Long from the Marylands School public hearing,
TRN0000411 (Royal Commission of Inquiry into Abuse
in Care, 9 February 2022), p
69, pp 67.
[958] Witness
statement of Mr CB, WITN0813001,
para 4.24.
[959] Witness
statement of Mr AR, WITN0901001,
para 6.10.
[960] Witness
statement of Mr AR, WITN0901001,
para 6.10.
[961] Witness
statement of Mr AR, WITN0901001,
para 6.11.
[962] A witness
statement from a past employee of St John of God in relation to Operation
Authority Police investigation, NZP0028067 (NZ
Police, 10 October 2003), p 3.
See also: A witness statement, NZP0015768 (NZ Police, undated), p 15. A survivor
recalled the smell
of alcohol on Brother Lebler’s breath during sexual
assaults; Dr Gerardine Taylor Robinson, clinical psychologist, Director
of
Encompass Australasia, Psychological evaluation of Brother William Lebler,
CTH0011782 (17 May 2001), p 4. An Encompass report
noted that Brother
Lebler was an alcoholic and had attended a three-month rehabilitation programme
in the United States in 1982.
[963] Witness statement of
James Tasker, WITN0675001,
para 26.
[964] Written
statement of Brother Damien Walsh (known as Brother Ephrem Walsh), CTH0013807
(15 August 2003), p 5.
[965]
Statement of Brother Damien Walsh, NZP0027602 (NZ Police, 12 June 2003), p
4.
[966] Witness statement of
Ms FF, WITN1292001 (Royal Commission of Inquiry into Abuse in Care, 28 April
2022), para 16.
[967]
Parkinson, Professor P, and Cashmore, Professor J, Marylands School: Expert
Report for the Royal Commission of Inquiry on Abuse in
Care (2021), MSC0007460,
p 35.
[968] Witness statement
of Mr AL, WITN0623001, para
7.3.
[969] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, para
14.
[970] Witness statement of
Mr HZ, WITN0324015, para 58.
[971] Witness statement of
Trevor McDonald, WITN0399001 (Royal Commission of Inquiry into Abuse in Care, 22
April 2021), paras 3.8
[972]
Witness statement of Mr AL, WITN0623001, para
3.12
[973] Witness statement of
Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 41.
[974] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 42.
[975] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[976] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[977] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[978] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 19.
[979] Transcript
of evidence of Sonja Cooper and Sam Benton of Cooper Legal, TRN0000414, p 67,
pp 343.
[980] Brief of
evidence of Peter Galvin for Oranga Tamariki, WITN1056001, para 20;
Transcript of evidence of Peter Galvin for Oranga Tamariki,
TRN0000416, p
563.
[981] Brief of evidence of
Peter Galvin for Oranga Tamariki, WITN1056001, para 21; Transcript of
evidence of Peter Galvin for Oranga Tamariki,
TRN0000416, p
561.
[982] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 95, pp
561.
[983] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 96, pp
562.
[984] Transcript of
evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 96, pp
562.
[985] Transcript of
evidence of Sonja Cooper and Sam Benton of Cooper Legal, TRN0000414, p 67,
pp 343.
[986] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 41.
[987] Transcript
of evidence of Peter Galvin for Oranga Tamariki, TRN0000416, p 96, pp
562.
[988] Transcript of
evidence of Sonja Cooper and Sam Benton of Cooper Legal, TRN0000414, p 67,
pp 343.
[989] Transcript
of evidence of Sonja Cooper and Sam Benton of Cooper Legal, TRN0000414,
p 67, pp 343.
[990] Brief
of evidence of Peter Galvin for Oranga Tamariki, WITN1056001,
para 26.
[991] Witness
statement of Danny Akula, WITN0745001, paras 234 and
244.
[992] Witness statement of
Steven Long, WITN0744001,
para 50.
[993] Brief of
Evidence of Sonja Cooper and Amanda Hill on behalf of Cooper Legal, WITN0094000,
(Royal Commission of Inquiry into Abuse
in Care, 5 September 2019), para
34.
[994] Brief of Evidence of
Sonja Cooper and Amanda Hill on behalf of Cooper Legal, WITN009400 paras
35–36.
[995] Witness
statement of Sonja Cooper and Sam Benton of Cooper Legal, WITN0831001,
para 364.
[996] Brief of evidence of Peter Galvin for Oranga Tamariki, WITN1056001, para 36.
[997] Transcript of evidence of
Peter Galvin for Oranga Tamariki, TRN0000416, p 84–85, pp 550–
551.
[998] Witness statement of
Mr AL, WITN0623001, para
6.12.
[999] Transcript of
evidence of Mr HZ from the Marylands School public hearing, TRN0000411, (Royal
Commission of Inquiry into Abuse in
Care, 09 February 2022), p 42, pp
40.
[1000] Letter from the
Bishop of Christchurch to Archbishop Liston, CTH0015143_00005, p
1.
[1001] Letter to from S.
G. Holland (Prime Minister) to Bishop Joyce regarding Government funding of
Marylands School, CTH0015141 (22 November
1955), p
17.
[1002] Letter from
Brother Raymond Garchow to Bishop Ashby,
CTH0016753.
[1003] A
programme to discern the future of our Order in New Zealand, 17 to 18 January
1986, CTH0016720, pp 1 5, See also: Letter to Bishop
Hanrahan from Brother
Leahy, CTH0016721.
[1004]
Transcript of opening statement of Sally McKechnie on behalf of the Bishops and
Congregational leaders of the Catholic Church in
Aotearoa New Zealand
represented by from the Marylands School public hearing, TRN0000411 (Royal
Commission of Inquiry into Abuse
in Care, 9 February 2022), p 21, pp
19.
[1005] Te Rōpū
Tautoko Marylands Briefing Paper 2, MSC0007268, para 12; See also Hebron Youth
Trust, CTH0012268, Catholic Social
Services (14 June 1989), p
25.
[1006] Response from
Bishop John Cunneen to Geoff Collett, Christchurch Press, regarding the 2002
reports of abuse by brothers of the Order
of St John of God, CTH0014204 (28 June
2002), p 27.
[1007] Witness
statement of Dr Michelle Mulvihill, WITN0771001, para
114.
[1008] Witness statement
of Mr AR, WITN0901001, para
6.29.
[1009] Witness
statement of Mr HZ, WITN0324015, para 8. Witness statement of Mr DG,
WITN0503001,
para 7.
[1010] Witness
statement of James Tasker, WITN0675001,
para 38.
[1011] Witness
statement of Mr DG, WITN0503001, paras 41–42 and
48.
[1012] Witness statement
of Mr IS, WITN0972001, para
5.7.
[1013] We refer to the
research by the Independent Inquiry Child Sexual Abuse, specifically the
explorative study on perpetrators of child
sexual exploitation convicted
alongside others, Perpetrators
| IICSA Independent Inquiry into Child Sexual
Abuse for further information on perpetartor behaviours: https://www.iicsa.org.uk/reports-recommendations/publications/research/perpetrators-child-sexual-exploitation-convicted-alongside-others/executive-summary/perpetrators.html
[1014]
ABC Australia notes from Hugget J summing up at McGrath Trial, CTH0008331, p
50.
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![This image is a timeline of the St John of God Order, the perpetrators at Marylands. In the Early 16th Century %26#8211; health-care worker, Joao Duarte Cidade, established a hospital in Granada, Spain [insert a note about how this relates to the next point in 1572]In 1572 %26#8211; The Order of the Brothers Hospitallers approved by Pope Pius V In 1690 %26#8211; The founder of The Order is canonised, known as St John of God (his English name) 1898 %26#8211; St John of God is later declared patron saint of dying and hospitals 17th %26#8211; 20th Century %26#8211; Order spreads throughout Europe and colonies of European nations. The Purpose of the Order is to %26#8211; to provide health and social services 2023 %26#8211; Order based in almost 50 countries, with more than 1000 brothers, including about 100 priests. The Order is based in the United States, Canada, most of South America, most of Europe, India, other countries in Asia, Australia, Papua New Guinea and Aotearoa New Zealand](2023_104.png)