Catholic Church admits liability for abuse by former priest Gerald Ridsdale
In a landmark acknowledgment the Catholic Church today admitted liability for the crimes of one of its most notorious paedophiles, Gerald Ridsdale, in a Supreme Court lawsuit brought by one of his victims.
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The Catholic Church has admitted liability for the crimes of one of its most notorious paedophiles in a move that could make it easier for child sex abuse victims to pursue legal action.
In a landmark acknowledgment church lawyers today said they admitted liability for the crimes of Gerald Ridsdale in a Supreme Court lawsuit brought by one of his victims.
It is a significant step for the church that became notorious for hiding behind the “Ellis defence’’, a 2007 court ruling that the church did not exist as a legal entity and was capable of being sued.
The court ruled church trustees were liable for the land and buildings but not for the behaviour of bishops they appointed.
That legal loophole was closed last year, with new Victorian legislation forcing the church, and other unincorporated organisations, to nominate a defendant capable of being sued.
In the case now before the Supreme Court, which centres around the rape of the plaintiff when he was a nine-year-old boy in 1982, Ballarat bishop Paul Bird is being sued on behalf of deceased former bishops James O’Collins and Ronald Mulkearns.
Both bishops had extensive knowledge about Ridsdale’s offending.
But church lawyers had denied they were aware of his criminal history until 1980s, and were therefore not liable.
Today’s acknowledgement means the church has admitted Bishop Bird is responsible for the failings of his predecessors.
While it was welcomed by the plaintiff’s lawyers, they said church lawyers were still refusing to cooperate fully.
Gary Taylor, counsel for the plaintiff, said the church was still refusing to hand over documents critical to the case, including archive material concerning Ridsdale.
He said Canon Law dictated bishops record “material of moral substance” in relation to priests.
But Mr Taylor said lawyers for the church had advised there was nothing on file.
Ridsdale, now in his 80s, has been in jail since 1994.
He will be able to seek parole in 2022.
He has been convicted for abusing 65 children, and pleaded to 161 indictable charges since his initial arrest, but he has admitted the true victim count is in the hundreds.
Ridsdale has publicly blamed the Catholic Church for failing to stop the abuse, saying they knew from before his ordination that he had a problem.
He was shuffled between parishes and sent for counselling but never reported to authorities.
The Supreme Court civil action will return to court next month for mediation.
If that is unsuccessful, a 10-day trial for the assessment of damages is scheduled for January.