Judge holds Catholic Church vicariously liable for abuse by Ballarat pedophile priest Bryan Coffey 50 years ago

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A man has successfully sued the Catholic Church after a court ruled it responsible for sexual abuse he says he suffered from a notorious priest 50 years ago.

Lawyers for the Victorian man believe this is the first such decision in Australia.

Father Bryan Coffey was convicted by Ballarat County Court in February 1999 of several counts of sexual assault against other children and received a three-year suspended prison sentence.

He died in 2013.

The man told the Victoria Supreme Court that Coffey sexually assaulted him twice at his parents’ home in Port Fairy in 1971, when the assistant priest visited.

The victim was five years old at the time.

He claims damages for pain and suffering, loss of earnings, medical costs, exemplary damages and aggravated damages, related to the position of the priest in the community and to the fact which allowed him to access his home to commit the infractions.

The court heard that the man’s life had been difficult and that he was having problems at school, where he said a teacher had physically abused him. Both his parents were killed in an accident when he was a young man.

He said he had suffered from episodes of depression for a long time, which he attributed to the abuse.

However, Judge John Forrest found his explanation unconvincing.

He pointed to the man’s earlier attempt to seek redress from the church for his claim about his former teacher.

“It is extraordinary that, in the process of filing the school abuse complaint with a Catholic redress body – with the help of two law firms – that [the man] did not mention Coffey’s actions, ”Justice Forrest said.

The man had also not spoken to his psychologists for many years.

But Judge Forrest found that, despite the flaws in the man’s account, the abuse had occurred, on a balance of probabilities.

He found the abuse to be in line with what Coffey’s other victims had experienced.

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Victorian Supreme Court Credits
Supreme Court Justice John Forrest ruled the church was responsible for compensating Coffey’s victims.(ABC News)

A critical part of the case concerned the start of the legal action.

The man had made little mention of the incident until he saw an advertisement in a local newspaper from Canberra lawyers.

Judge Forrest declined to award damages until then, but said he acknowledged the man had been in pain since the memories awoke.

“I am convinced that once he read the December ad the memories of Coffey’s assaults were rekindled and have since played, along with his other issues, in producing his depression and anxiety. “said the judge.

Judge Forrest awarded the man $ 200,000 in damages for pain and suffering.

But the most important finding was that the church was responsible for the aggravated damages after Coffey’s action.

“I see no reason why the Diocese should not be vicariously liable for such compensation given that it is directly related to Coffey’s conduct and is compensatory in nature,” said the Judge Forrest.

Attorney Sangeeta Sharmin, who works for Ken Cush & Associates in Canberra, said the decision was important.

“This is the first time in Australia a decision that places responsibility on a bishop for the acts of his predatory priest or assistant priest,” said Ms Sharmin.

The court awarded the man an additional $ 20,000 for aggravated damages and an additional $ 10,000 for future medical costs.

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