At least five senior Catholic priests were well aware of sexual abuse allegations against serial Hunter Valley paedophile priest Denis McAlinden years before a church official notified police, a special commission of inquiry has heard.
Speaking on behalf of McAlinden victims, Barrister Maria Gerace said former Maitland/Newcastle diocese bishops Leo Clarke and Michael Malone; former vicar generals Bill Burston and Allan Hart; and Fr Brian Lucas, a church law expert who had investigated more than 30 cases of alleged child sexual abuse by NSW Catholic priests all knew about the allegations.
Ms Gerace was addressing commissioner Margaret Cunneen in Newcastle Supreme Court on the second last day of public hearings into how police and church leaders handled child sexual abuse allegations involving two Hunter priests, Fr McAlinden and James Fletcher.
A church official notified police in 1999 of some allegations against Fr McAlinden, but as his whereabouts were allegedly unknown by church leaders he was then not spoken to by police until 2005, shortly before he died of cancer in a West Australian Catholic home.
Bishop Clarke retired in 1995 and died in 2006. Fr Fletcher died in jail in 2006 while serving a term for sexually abusing a former altar boy.
Ms Gerace said documents in church archives, tendered to the inquiry during eight weeks of public sittings that ended early last month, showed that Fr McAlinden had been a sexual offender since the late 1950s.
All five senior priests were involved in confidential attempts to have Fr McAlinden leave the priesthood.
Ms Gerace said that by not notifying police, the five priests were in conflict with Maitland/Newcastle diocese policy, which was published in a 1992 media release stating priests who sexually offended, or were suspected of offending, would be automatically stood down and allegations would be referred to police.
Ms Gerace said it was not right for church officials to claim they did not report McAlinden matters to police as victims did not want them reported.
She said victims she represented complained to church leaders under the belief they would take action to stop Fr McAlinden reoffending and were never told of any difficulties church officials had trying to stop him.
Barrister Simon Harben said his client Bishop Malone took over from Bishop Clarke without appropriate training and was involved in "enormous endeavours to deal with McAlinden".
While Bishop Malone regretted some things he had done in handling child sexual abuse allegations involving priests his position changed to be with the victims and ultimately he did a lot to improve the diocese's child protection procedures, Mr Harben said.
Barrister Peter Skinner said no adverse finding could be made against Fr Lucas whose role was to put in place Bishop Clarke's decision to persuade Fr McAlinden to leave the priesthood.
The commission continues on Wednesday.
