Father John Fleming concedes memory ‘faulty’ over menage-a-trois discussion with Monsignor David Cappo
FATHER John Fleming has conceded his memory of a discussion with a senior priest over ménage-a-trois allegations was “faulty”, but refuted suggestions he had “fashioned” his evidence.
FATHER John Fleming has conceded his memory of a discussion with a senior priest over ménage-a-trois allegations was “faulty”, but refuted suggestions he had “fashioned” his evidence.
Fr Fleming, 71, is suing the Sunday Mail — which is published by the same company as The Advertiser — for defamation.
He has denied allegations reported, in a series of 2008 articles, he was inappropriately sexually involved with two women, “Jane” and “Jenny”, and a man known as “Richard”.
Fr Fleming asserts the allegations are false and were a “material cause” in the termination of his position with Catholic liberal arts institute Campion College.
A Supreme Court defamation trial has subsequently heard those allegations include claims he had a ménage-a-trios with Jane and one of her friends while the girls were teenagers.
While giving evidence earlier in the trial, Fr Fleming said he would “never in a fit” have sex with multiple partners.
He also denied he had discussed the ménage-a-trois allegation with Monsignor David Cappo, dubbing the senior clergyman’s recollections “absolutely wrong” and “creative writing”.
In his evidence, Monsignor Cappo said the conversation did take place and he recalled it “clearly” because he did not know how to spell “ménage-a-trois” in his notes.
Returning to the witness box this week, Fr Fleming said learning Monsignor Cappo had taken notes “immediately triggered my memory”.
He said he and Monsignor Cappo had discussed a rumour involving an alleged ménage-a-trois, but said that rumour did not involve Jane and her friend.
Fr Fleming said the rumour arose when he went on holiday and left his flat key with a female parishioner and his wife-to-be so they could use the facilities in his absence.
“(The neighbour) suggested I was living with two young women in my flat ... I received my key back when I came back from my holiday and that was the end of that,” he said.
“I had no recollection of using the word (ménage-a-trois) ... his (Monsignor Cappo’s) notes show that I did.
“I’ve accepted that my memory was faulty.”
In cross-examination, Andrew Harris, QC, for the Sunday Mail, read out sections of transcript that recorded Fr Fleming’s earlier evidence.
One section recorded Fr Fleming saying “never had anybody ever suggested” to him that he “would engage in a ménage-a-trois”.
Fr Fleming told Mr Harris he had given his answer “to the best of my memory” because he “believed it to be true ... I answered truthfully at the time to the best of my memory”.
Mr Harris suggested Fr Fleming had sought to “put up a contest” of Monsignor Cappo’s “word against yours”.
“What I would suggest is that you changed your evidence again when the revelation occurred, in Monsignor Cappo’s attendance at court, that in fact there were notes and the word ménage-a-trois was in the notes (he) had taken,” he said.
Fr Fleming said that suggestion was “totally untrue” and “totally wrong”.
“I came to tell the truth ... I said that because I believed it was the truth,” he said.
“It was not a manipulation, as you are implying ... (the notes) triggered the memory.”
Mr Harris asked: “So you reject the suggestion that ... you fashioned your evidence according to what you think is, from time to time, the evidence deployed against you?”
Fr Fleming said he “comprehensively” rejected that suggestion.
The trial, before Special Justice Malcolm Gray, continues.
