Marist Brother Joseph William Weygood acquitted of molesting student in the late 1960s
A South Australian Marist Brother accused of indecently assaulting a teenage student more than 50 years ago has been acquitted by the Supreme Court.
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A Marist Brother has been acquitted of molesting one of his teenage students dating back more than 50 years.
The Supreme Court on Friday found Joseph William Weygood, 77, not guilty of two counts of indecent assault. He was also acquitted of a third count after prosecutors conceded no case.
In his written judgment, acting Justice Michael David said he was concerned about the time from the alleged offences between 1968 and 1970 to the student’s complaint in 2016.
“A lengthy period of time must have an effect on memory and possibility of reconstruction. It is even more dangerous when the actual events took a matter of seconds,” Justice David said.
Prosecutors alleged Mr Weygood’s offending happened against a background of singling out his “favourite boys” for tickling and wrestling while subjecting others to “sadistic beatings” with a cane.
Mr Weygood worked as a teacher at St Joseph’s Boys School, Blackfriars Priory School and Sacred Heart College and had been known as Brother Cyril” and “Brother Joseph”.
Prosecutors said Mr Weygood, of Victor Harbor, was at the extreme end of the spectrum for using corporal punishment as a means of discipline.
They said the alleged victim was firstly a recipient of the beatings but developed “something of a friendship” despite the violence and became one of Mr Weygood’s “favourite boys”.
The student’s sister gave evidence of “horseplay” at the family home, where Mr Weygood would try to grab and tickle her brother while he tried to fend him off.
The court heard Mr Weygood abused the relationship and burgeoning trust of the student by indecently assaulting him.
Prosecutors said the assaults began as wrestling or play-fighting and then became criminal with the student struggling to resist.
They said during one assault the student started to cry and Mr Weygood said angrily “you are a crybaby”.
The court was told the student made a report in the early 2000s to the Adelaide Catholic Church Diocese about physical abuse but did not mention sexual abuse.
Mr Weygood did not give evidence in his own defence.
Justice David said he was further concerned about the allegations happening during the course of other behaviour, namely “horseplay”, which itself did not amount to an offence.
He said the behaviour of Mr Weygood towards his student “could only be described as unusual if not suspicious”.
“Nevertheless, in deciding whether it is proved that these events happened, I am short of the certainty required to convict,” Justice David said.