Lismore: Former priest and police chaplain John Patrick Casey to face new trial for historic child sex offences

A Northern Rivers priest and ex-police chaplain found guilty of one of three counts of historic child sex abuse offences must return for a second trial, a court has heard.

John Patrick Casey arrives to Downing Centre Court complex in Sydney, Monday, August 14, 2017. Picture: (AAP Image/Daniel Munoz)

A Northern Rivers priest and ex-police chaplain found guilty of one of three counts of historic child sex abuse offences must return for a second trial, a court has heard.

Casey, 76, was found guilty of sexual assault, act of indecency against a child under 16 after an incident in 1987 by a jury on November 6 last year. He is currently awaiting sentence.

But the panel of seven women and five men in the Lismore District Court trial – which deliberated for almost 10 hours over the decision – were unable to decide on two additional charges: sexually assaulting a person under 16 and a second count of indecently touching a person under 16.

On Tuesday, Judge Craig Smith had to decide whether the potential unfair prejudice of certain evidence outweighed its usefulness for the retrial of the remaining two charges.

The Crown argued it did not, while the defence claimed it did, especially when considering the context and potential bias against the accused.

Mr Smith noted the jury might understand the nuances of the case, including the risk of assuming that if the accused committed the act once, he did it again.

John Patrick Casey leaving Lismore District Court on Tuesday April 1 following a court ruling he will return to trial for alleged historic child sex charges.

“The evidence has value in proving the allegations, which involve acts during massages, and the similarities between the cases of the two adolescent boys are significant,” Mr Smith said.

“Both boys were allegedly assaulted at the accused’s residence, where alcohol was involved.”

Mr Smith said there are substantial similarities in the circumstances of the alleged acts, which include massages and sexual acts.

Defence counsel argued the evidence’s potential for unfair prejudice outweighs its usefulness, but the judge disagreed.

He said the jury would need proper directions to avoid being swayed by emotional responses.

“There is a risk the jury might not be able to separate the different types of alleged acts, such as sexual touching versus anal penetration,” he said.

He also said the delay in the investigation has affected the accused’s ability to defend himself. Yet ultimately, the judge allowed the prosecution to use evidence of the accused’s tendency to commit such acts and evidence of coincidence, with specific dates set for when this evidence may be used.

Casey has been released, with his bail continued.

His retrial is scheduled for May 26.

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