Catholic Sex Abuse Priests to fight NZ extradition
Pastor Dale Morgan
Catholic Sex Abuse Priests to fight NZ extradition*
October 05, 2006 05:16pm
Article from: AAP
AUSTRALIA - TWO Catholic clergymen accused of child sex offences will
seek leave to appeal to the High Court after the Federal Court today
ordered their extradition to New Zealand.
Rodger William Moloney, 71, and Raymond Garchow, 58, are alleged to have
committed sex offences against young boys in New Zealand between 1971
and 1980.
Australian Federal Police (AFP) took the pair into custody today but the
men are expected to apply for bail in the High Court next week.
Their barrister, Paul Byrne, SC, indicated to the court that his clients
would also seek leave to appeal to the High Court.
A Sydney magistrate last year ordered Mr Moloney and Mr Garchow to be
extradited, but the pair successfully appealed against the decision in
the Federal Court.
In April this year, Justice Rodney Madgwick accepted arguments that
because of the length of time that had elapsed since their alleged
offences, and the differences in the two countries' legal systems, it
would be unjust to surrender them to New Zealand.
The full bench of the Federal Court today overturned that decision,
confirming the magistrate's extradition order.
In a unanimous ruling, the five judges found it had not been established
that it would be unjust to extradite the men.
"We are not convinced that any trial in New Zealand ... would
necessarily be unfair," they said in their judgment.
"This is classically a matter that should be left to the trial courts in
New Zealand, rather than forming the basis of a ruling that a trial in
that country would necessarily be unfair."
The judges emphasised that they had in no way considered the guilt or
innocence of the men, or the strength of the case against them.
Mr Garchow and Mr Moloney applied for the extradition order to be
stayed, but Justice Catherine Branson found there were no exceptional
circumstances warranting a stay.
Dismissing the application, Justice Branson said she had considered
their compliance with bail orders, their voluntary appearances in court
and their poor mental and physical health.
Mr Garchow is a priest and Mr Moloney a brother with the St John of God
Catholic order.
The allegations against the pair date back to the 1970s when they worked
at Marylands, a school for boys with learning and intellectual
disabilities in Christchurch, New Zealand.
The men face a combined total of more than 30 charges.