Judge was 'satisfied' Brother abused boy, then acquitted him

The Royal Commission into Institutional Responses to Child Sexual Abuse is examining the case in which a NSW judge said he was “well satisfied” that a Brother had sexually abused a boy at school - then acquitted him of the abuse.

But while the victim and the crown prosecutor, Lou Lungo,in the NSW District Court case will be giving evidence to the royal commission, Judge David Frearson is not being called as a witness.

No judges have been called to the commission to explain their decisions while solicitors have been criticised for the way they have handled cases.

The decision not to call Judge Frearson was made despite the commission being told yesterday that the case “raises a number of issues of importance to the royal commission’s work on criminal justice.”

“This prosecution raises the issue of whether a criminal justice response can be said to be reasonably available to condemn and punish child sexual abuse if an accused is acquitted in circumstances where the judge was ‘well satisfied’ that the accused sexually abused the complainant,” counsel assisting the commission Jeremy Kirk SC said yesterday.

The commission heard that the judge, in acquitting the Brother, said in his judgment: “I am well satisfied that the accused did sexually abuse the complainant at school and I reject his blanket denial as a reasonable possibility.”

But Judge Frearson said he could not be satisfied of the particular individual incidents beyond reasonable doubt.

The commission is examining whether there should be more joint trials and more coincidence evidence allowed into trials.