Three ex-students of St Mark’s College settle lawsuit over abuse by Brother Gregory Coffey but leave open landmark legal questions

Ex-students of an SA school suing over an abusive teacher have settled a multimillion-dollar lawsuit – but more cases means a church may have to reveal all communication with lawyers.

A multimillion-dollar civil lawsuit against a monastic order that runs a school in Port Pirie has been settled on the eve of trial.

But six more students are continuing with their civil lawsuits and are asking for the court to open the books of communications between the church and its lawyers for the first time.

Three former students at St Mark’s College sued the Salesian Society – a Catholic order – for abuse suffered at the hands of Brother Gregory Coffey during his year at the school in 1971.

Coffey was convicted of abusing a boy at the school and was transferred to Victoria where he became principal of another school.

A 1969 yearbook photo of Brother Gregory Vincent Coffey, aka Brother Coffin, who is alleged to have abused dozens of school boys in Victoria and South Australia. Picture: Supplied.

Coffey, who has since died, is thought to have abused dozens of boys in Victoria and SA.

An test trial in the South Australian Supreme Court was cut short earlier this month when the first three cases, which were intended to set the stage for further trials, settled.

However, landmark legal issues raised during pre-trial proceedings could again be raised as six other former students, also alleging abuse at the hands of Coffey, approach trial.

Lawyers for the men have asked the court to lay open communications between the church, its insurers and its lawyers – bypassing previously air-tight rules labelling them privileged documents.

A 1969 yearbook photo of Gregory Coffey from when he was a teacher at Rupertswood in Victoria. Picture: Supplied.

During pre-trial hearings earlier this month, Sydney barrister David Campbell SC, acting for the men, asked Justice Sandi McDonald to force the Salesian Society to hand over transcript of an interview between a lawyer retained by Catholic Church Insurance and the former head of Rupertswood College in Sunbury, Victoria.

St Mark's Cathedral in Port Pirie.

Mr Campbell said the transcript was relevant to the trial because it showed a knowledge on the part of the Salesian order that complaints had been made about Coffey, then a teacher and dormitory master.

The court heard complaints included Coffey being found in the same bed as a student as well as sexual misconduct allegedly reported to senior members of the school.

“The evidence we say is relevant, powerfully, because it goes to the appropriateness of letting Coffey loose on boys in SA in 1971,” he said.

“We say it fixes the defendant with actual knowledge of his unsuitability to be entrusted to a role involving young children.”

The court heard one of the three men settled with the Salesian order in December 2002 for $40,0000.

Legislation introduced in South Australia in August this year allows for previous settlements and deeds to be set aside if a court finds they were unfair.

Mr Campbell said the document, and others like it normally be covered by legal professional privilege, should be used as evidence as to whether the deeds were in fact fair.

Andrew Harris KC, for the Salesian Society, said the men were on a “fishing expedition to try and haul through our privileged material for the purposes of finding material to advance their case”.

“The cases are legion which tell us that legal professional privilege is not a right to be abrogated by a side wind. It’s either done expressly and directly or its not,” he said.

While the three cases have settled, The Advertiser understands a similar argument over privileged documents is likely to be raised in the other six cases.

Those matters will be back in court later this year for directions.