A PROMINENT lawyer representing victims of alleged sexual abuse by Catholic teachers and priests has called on the Pope to use his World Youth Day tour to urge his agents not to hide behind legal firewalls.Porters Lawyers principal Jason Parkinson has won several big settlements for former students and has more than 60 more clients who claim they were abused by teachers at two private Catholic schools in Canberra, Marist College and Daramalan College.
He said the Pope should make similar expressions of accepting responsibility for child abuse by agents of the church as he did on his recent visit to the US.
Mr Parkinson said that despite the Catholic Church in Australia's official stance that it was confronting the history of sexual abuse of children by teachers, brothers and priests, it was in fact trying to dodge legal liability.
He said this applied in two respects: a case in which the church successfully mounted an argument that priests were not its agents; and what he claims is an until-now-unknown statute of limitations that comes into effect in September.
Mr Parkinson told the ACT Supreme Court yesterday that he feared the Catholic Insurance Office and the trustees of Marist College were trying to "spring a trap" on sexual abuse victims by dragging out legal proceedings beyond this September deadline for court action.
A spokesman for the Archdiocese of Sydney said yesterday: "It is not known what the Pope will say when he visits Australia, but whatever he does say will be informed by the Australian situation and not that of the US.
"There have been cases in Australia where a priest ... who is alleged to have committed sexual abuse has been sued. When there are allegations that church authorities have been negligent, they too can be sued."
Mr Parkinson said he had a barrister's opinion that because of tort reform and grandfather clauses, in the ACT there would be an absolute statutory ban on civil claims involving alleged sexual abuse of children before about 1990. He said the same principle would apply in other jurisdictions.
Mr Parkinson was acting yesterday for two former students who are suing Marist College over claims that they were sexually abused by a former teacher, John Kostka.
Brother Kostka pleaded guilty in the ACT Magistrates Court to molesting four students between 1986 and 1987, when they were aged 13 and 14.
Mr Parkinson asked the court to order the trustees for Marist Brothers to file their defence within 14 days.
Marist Brothers requested they be given eight weeks.
Registrar Annie Glover imposed a deadline of four weeks, ordering Marist Brothers to file its defence and appear back in court by May 19.
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