‘They respond to litigation’: Lawyer slams Christian Brothers over sex abuse response

A lawyer representing a former schoolboy allegedly abused by a Christian Brothers’ principal says the congregation refuses to discuss claims and only responds to legal action.

St Joseph's College in Pascoe Vale South where alleged abuse took place in the 1960s.

A lawyer representing a former schoolboy allegedly abused by a pedophile Christian Brothers’ principal says his firm litigates because the congregation refuses to settle out of court.

Christian Brothers is facing fresh legal action brought by former students over separate sexual abuse claims at St Joseph’s College Junior School in Pascoe Vale and Trinity College in Colac in the 1960s and 1970s.

Rightside Legal Principal Laird Macdonald — who is representing the former St Joseph’s schoolboy — said his firm issued lawsuits because the Christian Brothers and other religious institutions were more concerned with their reputation than the safety of children.

“Rightside Legal has deliberately litigated religious institutions because they are so unwilling to come to the table,” he said.

“If you ask nicely they treat you with contempt, they respond to litigation.”

In a statement of claim filed in the County Court, the former schoolboy claims he was sexually and physically abused by Brother Keith Weston in the early 1960s when he was aged 11.

Christian Brothers is facing fresh legal action brought by former students over separate sexual abuse claims.

In 2004, Weston pleaded guilty to four counts of indecent assault against four boys aged 12 to 14 at St Joseph’s College and Parade College in Alphington between 1964 and 1968.

But he walked from court after he was handed a two-and-a-half year jail term, suspended for two years.

In three of the cases, Weston, who was principal of the school, ordered the boys into his office before telling them to remove their clothes and molesting them.

He died in 2014 aged 91.

The former student bringing the lawsuit said: “I’ve been carrying the consequences of this abuse for my whole life and I’ve been looking forward to taking the Christian Brothers to court.”

In court documents, he says Weston had significant power to hand out personal punishments and have audiences with children in private away from classrooms at any time he chose.

He also claims the Christian Brothers knew or ought to have known that Weston was a pedophile and should have done more to protect children.

Mr Macdonald, whose firm specialises in sexual abuse claims, said there was a devastating legacy left behind by historic child sexual abuse.

“Rightside Legal acts for a number of clients abused in religious organisations, they are not unique,” he said.

“We hope we can secure significant compensation for our client, though no amount of money can undo the decades of anguish he has suffered.”

In a separate claim also filed last month, a former student at Trinity College, Colac alleges he was sexually and physically abused by principal Brother Fogarty in the 1970s.

In suing for damages, he claims the Christian Brothers were negligent for failing to prevent the abuse.

Slater and Gordon lawyer Shakira Ramsdell, acting for the former student, said no amount of money could erase what happened but litigation could at least result in an acknowledgment of the harm caused and a semblance of justice for her client.

“The least institutions like the Christian Brothers could do in relation to shocking sexual and physical abuse perpetrated under their watch is to resolve survivors’ legal claims at the earliest opportunity,” she said.

The Royal Commission into Institutional Responses to Child Sexual Abuse found 22 per cent of Christian Brothers were alleged abusers — among the most prevalent of Catholic Church authorities.

In a statement, the Christian Brothers Oceania Province said: “This matter is the subject of civil litigation and is before the Courts for determination. Out of respect for the independence of that judicial process, the Christian Brothers are unable to comment publicly.”