Students at Trinity Grammar School in Sydney's inner-west raped and simulated rape on other students using a wooden implement more than 15 years ago, the Royal Commission into Institutional Responses to Child Sexual Abuse has heard.
The inquiry is hearing evidence about responses to harmful sexual behaviour at three unnamed New South Wales primary schools, three faith-based private schools — Trinity Grammar School, The King's School and St Ignatius College — as well as a private school, Shalom Christian College in Queensland.
In his opening address, counsel-assisting the inquiry David Lloyd said Trinity Grammar School staff knew about sexual abuse against a Year 7 student, known as CLA, for a month before action was taken.
"Between 11 August 2000 and 7 September 2000, at least some staff at the school were aware of multiple written accounts of students who alleged that there had been repeated incidents of rape or simulated rape of young boys in the boarding house by the use of a wooden dildo and other implements," he said.
"Yet no notification of the detail of these incidents was given to the NSW Police or the Department of Community Services."
Mr Lloyd said CLA alleged one of the worst assaults was on CLA's birthday when he was given a "birthday present".
"CLA was bound with tape and sexually assaulted with a wooden implement which he called a dildo, which had been made by another boy in wood-work class at the school," Mr Lloyd said.
Criminal proceeding commenced against four boys in relation to the assaults, and two entered guilty pleas to charges of indecent assault.
They were given non-custodial sentences and released on conditions.
CLA's father told the inquiry that he and his wife were not told of the details of their son's assault by the school and had to instead read them in a police transcript.
"We had no idea of the nature of the assault — that it was actually rape. That CLA had been tied up and that it had happened to him at least 50 times," he said.
"I still can't believe the school never told us what happened to CLA in the boarding house on their watch."
The boy's father said Trinity Grammar School failed to expel the students when he requested they do so, and that the headmaster, Milton Cujes, even suggested CLA live with him on campus as a solution.
"I believe they had no idea how to deal with an incident of this magnitude, so they tried to bury it," CLA's father said.
"It felt like the school leadership was only interested in protecting the school."
Abusive bullying at The Kings School: Inquiry
The commission also heard boys at The Kings School at Parramatta, in Sydney's west, subjected a Year 7 student, known as CLC, to abusive bullying at a camp as recently as 2013.
Counsel-assisting said CLC was sleeping in April 2013 when he rolled over and saw another boy had ejaculated on his sleeping bag and, after telling his friends, boys began teasing him.
"He will say that on the bus ride back to the school after the camp, other boys were calling CLC 'cum rag' and 'cum dumpster'," Mr Lloyd said.
The boy's parents attended a meeting with the Deputy Headmaster, Dr Andrew Parry, the housemaster, Andrew Mansfield, and a counsellor four months after the incident.
Police and Dr Parry emailed the school about the incident in August 2013, and counsel-assisting said it was forwarded to current King's School headmaster, Dr Timothy Hawkes.
"The incident should be reported to police so that the exact offence can be determined, and the victim can be contacted for statements if willing," the police said in the email.
When a meeting with the principal and the boy's parents occurred in October, counsel-assisting said the boy's father felt Dr Hawkes passed blame on to the child.
"Dr Hawkes said that CLC bore some of the blame and responsibility for the bullying, because he did not report the camp incident when it occurred," Mr Lloyd said.
"In a subsequent letter … Dr Hawkes said to CLC's parents that one of the principal people to keep the cadet camp incident secret from the school and CLC's parents for so long was CLC."
Police investigated the incident in November 2014 and no charges were brought because while the email had been sent to authorities, the incident was never formally reported.
One of CLC's alleged student perpetrators subsequently left the school and two were suspended.
CLC transferred to St Ignatius College, Riverview, in Year 11 and reported a positive experience after being supported by both students and a counsellor.
Shalom Christian College assault
The inquiry also heard that four boys — two students at Shalom Christian College in Queensland and two boarding there — sexually assaulted a female student, CLF, in 2006.
Counsel-assisting said when the girl's parents met with the then headmaster, Christopher Shirley, about the sexual assault, they were told their daughter had been "acting promiscuously".
"Mr Shirley said, 'There had been stories going around about CLF offering sexual favours to boys'," Mr Lloyd told the inquiry.
The girl's mother reported she felt the principal tried to persuade her not to report the incident to police as the boys were from influential Indigenous families in Townsville.
Six years later when the case was heard in court, one boy was charged with two counts of rape, and two others each with one count of rape.
Following a trial, they were acquitted of rape but convicted of indecent treatment of a child under 16.
They had no convictions recorded.
The fourth boy was issued a caution after appearing in children's court.
.. imagine a young boy being raped some 50 times without action being taken .. the reputation of the school be damned! .. hopefully these institutions will be taking much more care for the general health and well-being of their students in future ..
George Pell fights for reputation as key evidence rejected
"Cardinal George Pell to give evidence to child abuse royal commission via video link from Rome"
Cardinal George Pell has rejected the key submissions of counsel assisting, arguing his position was being used to make an example of him when he had limited power.
Cardinal George Pell is facing the gravest threat to his besieged reputation after counsel assisting the child abuse royal commission rejected key evidence, accused him of failing to act on sexual misconduct complaints and more broadly excoriated the church’s capitulation to offenders.
Counsel assisting the royal commission yesterday criticised Cardinal Pell’s failure to deal adequately with offending in Melbourne and Ballarat, and called for key evidence from Cardinal Pell to be rejected. The explosive recommendations in nearly 1000 pages critiquing Cardinal Pell and the church will place growing pressure on the Vatican to deal with its third most senior figure.
They suggest Cardinal Pell faces heavy criticism in the royal commission’s final report, which will include multiple references to the Catholic Church’s systemic failures on abuse.
Cardinal Pell has rejected the key submissions of counsel assisting, arguing his position was being used to make an example of him when he had limited power, even though he has been auxiliary bishop or higher since 1987.
Victims, of whom there are hundreds and possibly thousands in Victoria alone, hailed the recommendations but warned that a national redress schemes needed to be set up urgently.
The key criticisms of Cardinal Pell include that: he and others were responsible for moving offender Gerald Ridsdale around the diocese of Ballarat; he had been warned — but failed to act — over offender Ted Dowlan; and he should have independently investigated another offender, Peter Lloyd Searson.
Gail Furness SC and Stephen Free submitted that Cardinal Pell’s evidence that he was intentionally deceived by the Catholic Education Office (CEO) in the late 1980s regarding Searson should be rejected. Searson was a former parish priest in southeast Melbourne who allegedly molested a girl, paraded a dead body to minors and brought a gun to school. Counsel assisting were critical of the CEO for failing to address the issue. “Cardinal Pell should also have taken direct action of his own to investigate the veracity of the complaints, in particular the allegation of sexual misconduct,” they said in submissions. “His failure to take any such action meant that Cardinal Pell, like other senior officials in the archdiocese before and after him, missed an important opportunity to recognise and deal with the serious risks posed by Searson.
“Cardinal Pell and other senior archdiocesan officials failed to exercise proper care for the children of Doveton.”
Cardinal Pell’s lawyers strenuously rejected this assertion, arguing the finding “unfairly makes (then) bishop Pell the scapegoat for failures with respect to Searson for which he was not to blame’’. Searson died in 2009, aged 86 years, without being charged with any offences.
Counsel assisting also criticised Cardinal Pell over the handling of convicted sex offender and priest Wilfred James Baker, who died in 2014 aged 77 years. Cardinal Pell was a member of the Curia, an advisory body to the archbishop, when they discussed Baker’s extended leave for “therapeutic reasons’’ in June 1989. Allegations had previously been made against Baker and counsel assisting submitted that by 1985 there was ample time for discussion about Baker’s conduct to have “done the rounds”.
Cardinal Pell was also present at a Personnel Advisory Board meeting in May 1992 when Baker was appointed parish priest of North Richmond. Counsel assisting submitted that the royal commission should accept Bishop Peter Connors’ evidence that by then all members were aware of allegations that Baker had sexually abused a boy in 1978.
Baker was later convicted of indecent assault, gross indecency, indecent assault and buggery.
Counsel assisting submitted that when the PAB, including Cardinal Pell, accepted accused pedophile Nazareno Fasciale’s resignation on the grounds of ill-health in 1993, they engaged in a “cover-up of Fasciale’s conduct”. Fasciale died from cancer in 1996.
The barristers’ submissions on the scandal-plagued Ballarat diocese centre largely on Bishop Ronald Mulkearns’ efforts to shield pedophile priests, including Ridsdale, from public exposure, the purposeful ignorance of St Patrick’s superior Christian Brother Paul Nangle and the testimony provided by Cardinal Pell.
The 400-plus page Ballarat submission includes recommendations that the commission find Cardinal Pell was told and dismissed information about a Christian Brother abusing young boys in 1974. Counsel assisting said it supported abuse victim Timothy Green’s evidence that he had told then father Pell at a Ballarat swimming pool that brother Ted Dowlan was “touching little boys”. He alleged the priest responded before walking out: “Don’t be ridiculous.’’
“Cardinal Pell recalls having heard suggestions in the early 1970s that Dowlan was behaving in a sexually inappropriate way, but is unable to recall all of the sources of that information,” counsel assisting said.
“Given that evidence, it is plausible that Mr Green also conveyed information of this kind to Cardinal Pell and Cardinal Pell has forgotten about the incident.”
The barristers criticised Cardinal Pell for his apparent inaction regarding Dowlan, submitting the evidence showed he was told by at least one student and one or two priests about Dowlan’s abusing between 1973 and 1975.
They said Mulkearns knew of numerous complaints about Ridsdale’s offending by 1982 and “did nothing to protect children or restrict his movements”.
They said Mulkearns showed disregard for the safety of children as he shifted Ridsdale via the archdiocese’s College of Consultors, which Cardinal Pell sat on from 1977 to 1984. Citing Cardinal Pell’s testimony that it was “unacceptable” for Mulkearns to move Ridsdale knowing the allegations against him, counsel assisting urged broader condemnation of the church leaders who had been involved, including Cardinal Pell.
A spokesman for Cardinal Pell in Rome pointed out the cardinal had responded directly to counsel assisting’s submissions on the royal commission website: “As the royal commission has not yet made findings in these case studies, it is not appropriate, at this time, for parties to comment.”
Submissions from Sam Dugan, counsel for Cardinal Pell, accused counsel assisting of overstating evidence, making gratuitous submissions and relying on conjecture: “There is not a single aspect of that evidence which establishes that (then) father Pell acted inappropriately in any way.”
He said counsel assisting’s submissions that Cardinal Pell should have taken direct action in relation to Searson, including conducting an investigation into the complaints, could not be sustained. He said counsel assisting relied heavily on Archbishop Denis Hart whose experience was largely gained from how the archdiocese functioned under then Archbishop Pell.
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