Jailing Catholic Archbishop Philip Wilson for covering up child sexual abuse could kill him, defence says
JAILING Adelaide Catholic Archbishop Philip Edward Wilson for covering up child sex abuse could kill him — either through stress or “extreme violence” — his defence team has argued.
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JAILING Adelaide Catholic Archbishop Philip Edward Wilson for covering up child sex abuse could kill him — either through stress or “extreme violence” — his defence team has argued.
South Australia’s most senior Catholic Church leader is facing jail for concealing the crimes of a paedophile priest colleague’s crimes in the New South Wales Hunter Valley in the 1970s and 1980s.
Wilson, 67, who has early stages of Alzheimer’s disease, became the highest ranking church official worldwide to be successfully prosecuted for failing to tell authorities about such crimes.
The landmark prosecution resulted in him last month being found guilty by a senior NSW magistrate of concealing a serious indictable offence between April 22, 2004 and January 7, 2006.
His colleague, James Patrick “Jim” Fletcher, 65, died in prison while serving a 10 year prison term for abusing former altar boy Daniel Feenan, 41.
Despite his guilty verdict, and his failing health, Wilson has not resigned his senior role — instead he has stood down and asked the Catholic faithful to “pray for me”.
While prosecutors argue any sentence should be served behind bars, defence lawyers argue the case does not meet the “threshold” to send him to prison due to his good character, no criminal history, the seriousness of the offence and his health.
During a pre-sentence hearing on Tuesday — that was standing room only — Newcastle Local Court heard that due to Wilson’s “severe poor health” any prison sentence would be “unusually hard on him”.
Ian Temby QC, defending, said a conviction and a good behaviour bond was appropriate.
He said any term could be served while living in NSW, which could also include a home detention sentence.
He cited extensive medical opinions from at least six doctors, neurospecialists and psychiatrists that showed he was at grave risk if he went to prison and “even threaten his survival”.
Doctors concluded that his “general deterioration in health … is quite severe”.
As victims and their families watched, the court heard his “complex range of conditions” included not only Alzheimer’s, but also heart disease — and a pacemaker — diabetes, sleep apnoea, and “recurrent falls”.
Sending him to prison also risked fuelling depression as well as exacerbating his various mental conditions because he would have a lack of human contact behind bars.
Mr Temby, one of the country’s leading barristers, warned he was at risk of “extreme violence” behind bars because prisoners would wrongly believe the “high profile” Wilson was a sex offender.
He argued that if he was jailed, placing him in protective custody would be problematic for treating his mental conditions.
He said the crime was below the “medium” range and akin to a “simple assault”.
“(He is a) relatively old man in poor health and a custodial sentence would be unusually hard upon him as appears from the medical testimony that is been brought forward,” he told the court.
“And in the circumstances we submit it cannot be said … that no penalty other than imprisonment is appropriate.”
Also tendered were a range of character references from those who have known Wilson from as far back as his school days including from Catholic leader Monsignor David Cappo.
Mr Temby read out part of Mongsignor Cappo’s letter that argued that he was a “true leader of the church” but also instrumental in tackling child abuse by introducing police checks and audits of clergy.
South Australia’s Vicar General Father Philip Marshall has taken the reins of the Adelaide Archdiocese. It is expected that Wilson will appeal once sentence is passed.
Labelling Wilson a liar, Prosecutor Gareth Harrison called for an immediate jail term because, he argued, a bond would have “little deterrent effect”, particularly with other priests.
He said Wilson was a highly intelligent, articulate man who was “untruthful” in giving evidence, dealing with victims and interacting with the magistrate.
“The Crown submission is he lied,” he said. “The root of these lies is the unflinching loyalty to the Catholic Church and to protect it at all costs.”
He said the community, and the courts, “no longer tolerated” the “endemic cover up of child sex abuse by adults” on children, adding: “ill health is not a licence to commit crimes”.
Mr Harrison told the court: “He thought he had got away with this for all these years. He thought he had got away with it. There is no contrition or remorse.”
Admitting the magistrate had an “extraordinary task”, he said one of the purposes of sentence was to “protect the community” and any judgement should “reflect the normal sense” of locals.
“This is in order to demonstrate to the community that they will not tolerate that particularly type of crime,” he said.
He said a jail term would deter others, adequately punish Wilson, hold him accountable, recognise the harm to victims and ensure the court “denounced” his crimes.
“This court should send the clear message to these people who might commit like offences,” he said.
“The only way this can be done is by sending the offender to jail and that sentence should commence today.”
He said Wilson was feigning remorse, having told doctors that he “could not remember being told but if he had been told ‘I’m sorry’”.
He cited a medical report that revealed how Wilson refused to believe the judgement and that the Magistrate had not taken into account his evidence. He said doctors had found no “deterioration” in his cognitive ability.
He said the medical evidence gave “anecdotal” opinions.
Wilson was bailed to appear again on July 3, when Magistrate Stone said he would hand down his decision.
Wilson refused to comment outside court as he was flanked by senior aides including Monsignor Cappo.
Outside court outraged victims called on Wilson to immediately resign his position, saying his position was untenable. They also called on the Vatican to sack him.
TIMELINE OF THE CASE
October 1950: Philip Edward Wilson is born in Cessnock, New South Wales.
February to November 1971: Father James “Jim” Patrick Fletcher indecently assaults young altar boy Peter Aidan Creigh, then aged 10, up to 15 times in an East Maitland Catholic Church.
August 1975: Philip Wilson ordained as a priest in Cessnock.
October: Fr Wilson moves to the St Joseph’s parish in East Maitland.
April 1976: Mr Creigh alleges he told Father Wilson about Fletcher’s sexual abuse after a youth group close to Easter and is told matter will be investigated.
September: Mr Creigh again allegedly raises issue with Fr Wilson after a youth meeting where he is told it is being “looked into”. Nothing further occurs.
Late 1976: A second altar boy allegedly tells Fr Wilson during confession how Fletcher also abused him.
Between 1984 and 1987: Fletcher abuses a third altar boy.
December 2001: Father Wilson appointed Adelaide Archbishop.
May 2003: Fletcher is charged with abusing another altar boy.
November 2004: Fletcher stands trial in NSW accused of those crimes.
December: Fletcher is convicted of nine counts of child sexual abuse.
April 2005: Fletcher is jailed for 10 years.
September: His appeal against conviction is dismissed.
January 2006: Fletcher dies in prison aged 65.
November 2009: Mr Creigh tells his family for the first time about Fletcher’s abuse.
July 2010: He tells his local Bishop about the abuse and the pair meet the next month. The Bishop later writes to Mr Creigh outlining what support he would offer.
February 2013: Mr Creigh first interviewed by police before giving a second statement two months later.
June 2014: Archbishop Wilson give evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse.
March 2015: Detectives from a special NSW Police strike force charge Archbishop Wilson with covering up child sex abuse. He becomes the highest-ranking Catholic Church official to face court charged with such a crime. He publicly denies the charges.
May 2015: The case has its first hearing in Newcastle.
October 2016: The NSW Supreme Court dismisses the Archbishop’s application for a permanent stay of proceedings.
June 2017: The Full Court of the Supreme Court also dismisses his subsequent appeal.
November 6: Key prosecution witness Father Glen Walsh dies, three weeks before the Archbishop’s trial.
November 28: The Archbishop fails to travel to Newcastle as his Alzheimer’s diagnosis is made public amid concerns for his health, including having a pacemaker installed.
December 6: The trial starts at Newcastle Local Court.
April 10 2018: The trial resumes and Wilson makes his fourth failed attempt to have the prosecution dismissed. He then takes the stand in his own defence.
April 13: The trial concludes.
April 17: The Advertiser reveals how one prosecution witness alleges he had been threatened with reprisals.
May 22: Magistrate Robert Stone convicts Wilson of concealing child sex abuse.
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