April 22, 2010

VICTORIA Police has called for sweeping changes to the way Melbourne's Catholic Church deals with sex crime allegations, as The Age reveals that only one priest has been defrocked for abuse in the past 14 years.

Nearly 300 allegations of sexual abuse have been substantiated by church investigations since 1996, when the ''Melbourne Response'' was set up to deal with complaints. It is believed the abuses were perpetrated by approximately 100 priests, a figure the church will not confirm. Just one priest has been defrocked as a result. Some other priests lost their role serving a parish full-time.

Church sources say police are pushing for change because they do not want accused priests told about covert criminal investigations. Last year detectives feared the church's independent commissioner, Peter O'Callaghan, QC, may have compromised two covert investigations when he told two priests, through their lawyers, that they were being investigated. He did this without the consent of detectives, who had not yet interviewed the priests. Mr O'Callaghan's investigation is suspended when police begin theirs - and he argues that priests have a right to know.

Police - and some within the church - also want more direct support for abuse victims.

Police intervened after five victims last year told The Age they had concerns about the church's handling of their complaints.

The Age can now reveal that in August last year Mr O'Callaghan told an alleged victim that his alleged groping by a priest was unlikely to constitute a crime. In a letter he said: ''Without seeking to dissuade you from reporting the matter to police if you so desire, I must say that the conduct you described is unlikely to be held by a court as criminal conduct.''

Weeks later, police immediately assessed the same complaint as a potential sexual assault. They began an investigation and if the claim is proved it will constitute serious criminal conduct. When asked by The Age about that letter, Mr O'Callaghan refused to comment, citing ''potential court proceedings''.

Mr O'Callaghan is paid by the church to inquire into allegations of clerical abuse, interview victims and the accused priests, and make findings on abuse claims. The findings are used by the church to gauge financial aid for victims.

Victoria Police would not comment other than to say talks are continuing. The Melbourne Archdiocese says it hopes to detail publicly any changes ''in the next few weeks''.

Mr O'Callaghan previously has said that if asked he would not comply with police requests to keep their inquiries confidential, saying priests have a right to know. ''I would have advised them, I would not consent to such a course.''

Archbishop Denis Hart last year publicly dismissed the need for any changes, saying ''because of its success, there is no need to review or fundamentally alter'' the Melbourne Response. He also stood by Mr O'Callaghan saying: ''There's been no complaint from the police.''

The Age has confirmed that some priests deemed abusers by the church have conducted weddings and funerals and have also acted as replacement priests. A small number of priests have had their ''canonical faculties removed'' - meaning they cannot celebrate any services outside their home.

In a statement this week the church said there have been few complaints from those involved in the process and those who have complained are ''very much in the minority''.

At present there is only ad hoc communication between the church and police, and no mandatory reporting of claims of abuse.

Mr O'Callaghan said he always encouraged victims to go to the police and he told The Age he welcomed ''constructive criticism'' but did not ''envisage any substantial change in my role or process''. The church also said it expected no change to Mr O'Callaghan's role.

The scheme has not been reviewed in the 14 years it has been operating, despite calls from others within the church.

The reforms come in the wake of scandals overseas, with Pope Benedict subject to scrutiny of how he handled the Vatican's role in allegations against priests in Germany and the US while in his previous posting.