The most senior Catholic to be charged with concealing
child sexual abuse — Adelaide's Archbishop Philip Wilson — has been found
guilty by a New South Wales court, in a landmark ruling.
The 67-year-old was accused of covering up abuse by priest Jim Fletcher
in the NSW Hunter region in the 1970s.
As part of his defence, Wilson's legal team tried to argue that as child
sexual abuse was not considered a serious crime in the 1970s, it was not worthy
of being reported to authorities.
However, Magistrate Robert Stone cast that claim aside in a ruling that
could have ramifications in courts around the country.
Speaking outside court, abuse survivor Peter Gogarty said the verdict
was "one of the most significant days in criminal law in Australian
history".
Abuse survivor Peter Gogarty thanked police and the prosecution for their work on the case.
"I think this will now open the doors for other jurisdictions to
start looking at trying to prosecute people who deliberately looked after their
institution and, literally, threw children to the wolves," Mr Gogarty
said.
"On behalf of all of the victims — who have been abused in this
country and elsewhere — I just want to say what an enormous relief it is that
the people who let this happen are finally being brought to account."
There were gasps from those in the packed courtroom when Magistrate
Stone handed down the verdict.
People were crying and shaking hands after the hearing.
The prosecution has requested a custodial sentence for Wilson, for
reasons of "deterrence" and "denunciation".
Wilson remains on bail on the condition that he attends his sentencing
hearing, which will be held on June 19.
The harshest sentence Magistrate Stone is able to give is two years in
prison, and he has the option of suspending the sentence.
"Archbishop Wilson knew what James Patrick Fletcher was up to in
1976," Mr Gogarty said.
"Fletcher was already abusing me by then, but Wilson could've
stopped it, he could've got me help.
"I am very pleased that the prosecution is going to push for a
custodial sentence.
"We're talking about children being sexually abused and the
Archbishop knew — that to me demands a custodial sentence."
In a statement, Archbishop Wilson said he was "obviously
disappointed at the decision published today".
"I will now have to consider the reasons and consult closely with
my lawyers to determine the next steps," Wilson said.
Wilson's legal team made four attempts to have the case thrown out,
arguing it was not in the public interest and that his diagnosis of Alzheimer's
should preclude him from trial — although it did not preclude him from
retaining his position in the church.
Peter Creigh (centre)
His lawyers maintained throughout the trial in Newcastle Local Court
that while one victim, Peter Creigh, was abused by Fletcher as a child, Wilson,
who was an assistant parish priest in East Maitland at the time, did not know
about it.
Mr Creigh previously asked for a non-publication order on his name to be
lifted.
He clutched his partner's hand as Magistrate Stone read out the verdict. The magistrate said he found Mr Creigh to be a truthful and reliable
witness.
"I am satisfied and find that Mr Creigh described to the accused he
performed fellatio of Fletcher and masturbated Mr Fletcher," Magistrate
Stone said.
Magistrate Stone said he did not accept Wilson could not remember a 1976
conversation, in which Mr Creigh, who would have been aged 15 at that time,
described his abuse at the hands of Fletcher.
The magistrate said Mr Creigh "had no motive or interest to deceive
or make up the conversation".
Magistrate Stone said Wilson knew "what he was hearing was a
credible allegation and the accused wanted to protect the church and its
reputation".
The magistrate said if Wilson had reported what he knew to police, it
would have helped in prosecuting Fletcher.
He said Wilson knew the Creigh family.
"He knew what the young man was telling him was believable,"
Magistrate Stone said.
Magistrate Stone said he accepted Wilson had no role in the assaults and
that Fletcher had never made admissions to him.
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