Ryan Carlisle Thomas Melbourne Injury Lawyers

About this blog

The authors of this blog are lawyers or consultants employed by the RCT Group of companies, which includes staff who work mainly within our Stringer Clark offices.

From time to time, we may also invite guest bloggers to contribute, in which case this will be made clear. Authors who are part of the RCT Group are qualified to practice law in Victoria, Australia. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user's own circumstances.

Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.

Recent Authors

Angela Sdrinis

Angela Sdrinis is a senior partner with Ryan Carlisle Thomas. She is an LIV Accredited Specialist in Personal Injuries with extensive experience in Comcare matters.

Richard Derks

Richard Derks is a Partner of the firm and practices in the area of personal injury including WorkSafe and transport accidents. He is an advocate in a variety of forums for the rights of the victims of accidents at work and on the roads.

Shaun Marcus

Shaun Marcus is a Partner of the firm. He is an LIV Accredited Specialist in Personal Injuries, practising in this area with a particular focus on workers compensation and asbestos claims.

Peter Claven

Peter Claven practices in personal injury at our Warrnambool office. He joined Stringer Clark in 2007 and is a member of the Australian Lawyers Alliance.

Michael Burdess

Michael Burdess joined Stringer Clark in early 2006 and practices in the area of personal injury including WorkSafe and TAC.

Penny Savidis

Penny Savidis is a Partner of the firm and practices predominantly in the area of employment law.

Published: 10 June 2011
Author: Angela Sdrinis

Why does the church continue to rely on technical legal defenses?

Angela Sdrinis reports on the case of serial sexual abuser,
Br. Robert Best.

In further media coverage of Christian Brother Robert Best, it is reported that he has pleaded guilty to numerous further offences against children who he had sexually abused while teaching at St Alipius primary school in Ballarat.

It is well known that during this period, Br. Best resided with notorious paedophile priest Gerard Ridsdale and for a period of time with the current Archbishop of Sydney George Pell.

Best was first convicted of offences against children in 1996. He fought the charges which were then brought against him but was convicted of a number of offences. After the 1996 trial, more victims came forward and there were further trials in 1998. Again Best pleaded not guilty but was nevertheless convicted of a number of further offences.

It is understood that the Christian Brothers paid for Best's defence and Best's refusal to plead guilty meant that his victims were put through the trauma of having to give evi dence. One wonders whether if Best had had to rely on Legal Aid, he would have more readily pleaded guilty.

In 2010, Best appeared before the Court facing yet more charges in relation to further victims. Eventually after a number of separate trials in each of which Best was found guilty, he decided to plead guilty in relation to the outstanding charges.

Br Brandon of the Christian Brother's Office of Professional Standards has been quoted in the media as deploring the sexual abuse of children and at being “saddened” by these events.

But he should be asked why the Christian Brothers covered any of Best's legal costs. He should also be asked why the Christian Brothers persist in relying upon technical legal defences that effectively make them immune from being sued for compensation by victims. Brother Brandon's crocodile tears simply serve to highlight the hypocrisy of the Catholic Church and its religious orders on the issue of clerical sexual abuse.