Catholic Communications, Sydney Archdiocese RELEASE
10 Mar 2014
10 Mar 2014
Commission Chair, Justice Peter McClellan
The Royal Commission into Institutional Responses to Child Sexual Abuse began a two-week hearing in Sydney today focussing on the Church's Towards Healing procedure and sex abuse victim John Ellis.
A lawyer, Mr Ellis was sexually abused between 1974 and 1979 when he was aged between 13 and 17 years old by a Fr Aiden Duggan, a Catholic priest in the Archdiocese of Sydney at the time.
Eventually in 2002 Mr Ellis approached the Professional Standards Office (PSO) to discuss the pastoral and redress options available under Towards Healing.
However when mediation failed Mr Ellis in 2004 sued the priest, Fr Duggan, Cardinal George Pell in his capacity as Archbishop of Sydney and the body corporate, The Trustees of the Roman Catholic Church for the Archdiocese of Sydney, established under the Roman Catholic Church Trust Property Act 1936 (NSW) to hold property on trust for the diocese and its parishes.
Fr Duggan died soon after. The action failed with the Court of Appeal finding neither Cardinal Pell nor the body corporate could be liable for Fr Duggan's criminal conduct.
Apart from covering the response of the Catholic Church to the complaint of child sexual abuse by John Ellis under Towards Healing, this case study #8 will also look into the review of the Towards Healing process in relation to Mr Ellis's complaint and the civil action commenced by him.
This hearing will also examine the Towards Healing process and its review in relation to this complaint and the civil action commenced by Mr Ellis.
In her opening address to the hearing, Gail Furness SC, counsel advising the Commission, outlined Mr Ellis's journey through Towards Healing to litigation.
John Ellis
"The manner in which this litigation was conducted caused harm and suffering to Mr Elllis," Ms Furness told the hearing.
Also quoting a section from a statement tendered to the Commission by Cardinal Pell, Ms Furness said Cardinal Pell notes "Whatever position was taken by the lawyers during the litigation, or by lawyers or individuals within the Archdiocese following the litigation, my own view is that the Church in Australia should be able to be sued in cases of this kind."
In the hearing room today Mr Ellis, quietly spoken and often visibly upset, either read or was taken through his statement by Ms Furness.
He spoke about being regularly abused by Fr Duggan when he was an altar boy at his parish church - mostly in the presbytery but also while Fr Duggan was on holiday. He said he was ashamed of what was happening but knew it was meant to be a secret. Mr Ellis said the sexual activity with Fr Duggan continued after he left school and was studying and although less frequent than at school continued until he was 26 years of age.
Ellis said the conduct was unwelcomed at all times, but he found it difficult to stop Fr Duggan from touching him.
It was not until 1996 and after Mr Ellis and his first wife had divorced that Mr Ellis recognised Fr Duggan's conduct towards him was abusive and wrong. However he could not speak about the abuse to anyone until 2001.
Mr Ellis then described that from then on he experienced a severe decline in his emotional and physical wellbeing including episodes of anger, rage, depression and confusion.
He inquired about the Church's Towards Healing. However mediation was not successful. Mr Ellis told the hearing he would have settled for $100,000 compensation.
Ms Furness said evidence from Cardinal Pell would say he was not aware Mr Ellis had nominated a settlement of $100,000 and he understood he was pursing a claim for "many millions of dollars".
Ultimately Mr Ellis sought reparation through the court but lost on appeal with costs awarded to the Archdiocese.
Senior Counsel Gail Furness SC
Following a meeting with Cardinal Pell, Ellis was assured the Archdiocese and its insurers would not attempt to recover any costs. Mr Ellis also received payments up to October 2012 totalling $568,000 from the Church for financial assistance and counselling.
The Commission will again hear from Mr Ellis tomorrow. There are eight other witnesses including the former Director of Professional Standards (NSW/ACT), Mr John Davoren; the current Director, Mr Michael Salmon; Facilitator, Professional Standards Office (NSW/ACT; Former Vicar General and Chancellor of the Archdiocese of Sydney, Msgr Brian Raynor; the current Chancellor, Msgr John Usher and Cardinal Pell.
For further details including full opening address by Ms Furness and transcripts go to http://www.childabuseroyalcommission.gov.au/,
Truth, Justice and Healing Council at http://www.tjhcouncil.org.au/ and Catholic Talk at http://www.catholictalk.com.au/
SHARED FROM ARCHDIOCESE OF SYDNEY
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