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Priest denies rape allegations

Published: September 15, 2011

Senator Nick Xenophon

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A priest accused by Senator Nick Xenophon in parliament of raping another priest has denied the allegations and said he may seek to make a statement in the Senate to clear his name, reports The Australian.

"I am aware of (Traditional Anglican Communion Archbishop) John Hepworth's unsubstantiated allegations against me through an inquiry instigated by the archbishop," he told press gathered outside his parish yesterday.

"I have made it clear in writing to the inquiry that I categorically deny the allegations, which I note are said to relate to events that occurred some 45 years ago and have nothing at all to do with under-age people."

He said he would consider applying to the president of the Senate to address the allegations levelled against him by South Australian senator Nick Xenophon. "If they are the same privileges as the senator used last night, it could be an avenue whereby I could be able to correct some of the things he said which were inaccurate."

Adelaide Archbishop Philip Wilson, criticised Senator Xenophon for naming the priest and saying the church had not responded properly.

"We have shown Archbishop Hepworth every courtesy, sensitivity and care in the process," Archbishop Wilson said.

"I am deeply distressed that Senator Xenophon has named the priest in parliament," Archbishop Wilson said. "The damage to the priest's reputation is obvious and severe and - in my opinion - this serves to undermine the presumption of innocence which all of us are entitled to enjoy."

Archbishop Wilson said Monsignor David Cappo had met Archbishop Hepworth on at least eight occasions between the time the issue was first raised in 2007 and February this year.

"On my behalf, Monsignor Cappo urged Archbishop Hepworth, at the end of each meeting, to give his permission to proceed with an investigation into the allegations," Archbishop Wilson said.

"On each occasion Archbishop Hepworth declined, indicating that he was not in a proper emotional state to deal with an investigation.

"He was also informed that if he was alleging any form of abuse, including rape, that this is a criminal allegation and he should go to the police."

Archbishop Hepworth said yesterday he had been encouraged to go to police only twice.

Senator Xenophon was yesterday criticised from all sides of politics for using parliamentary privilege to name the priest.

Defence Minister Stephen Smith said members of parliament needed to tread carefully when airing allegations under privilege.

 "And when you name an individual or individuals in the parliament you firstly have to be sure and clear of your ground and you have to have made a considered and deliberate judgment as to why that's necessary," he said.

Liberal senator Simon Birmingham said parliamentary privilege should be used "cautiously, judiciously, sparingly".

Nationals Senate leader Barnaby Joyce said that using parliamentary privilege circumvented rights and liberties.

"If you have got the story wrong, then you've done an incredible injustice to the person," he said.

Senator Xenophon told The Australian he did not regret his actions but said he was baffled by the church's decision not to tell him that the priest was being sent on leave.

"I just want to make it clear that all I was asking for was a proper investigation and if they had told me the priest in question was going on leave it could have changed the course of action."

Separately, the Australian Civil Liberties Association has called for independent senator Nick Xenophon to be hauled before the parliamentary privileges committee for naming the priest in federal parliament, despite the clergyman not being charged with any offences, The Australian reports.

ACLA president Terry O'Gorman told The Australian yesterday Senator Xenophon's naming was "the height of irresponsibility".

"I think he should be referred to (the) committee, who should make a stance on whether he was justified in naming him," Mr O'Gorman said. "With the use of parliamentary privilege comes great responsibility."

Senator Xenophon last night stood by his decision.

The Age reports that Sydney's Cardinal George Pell said in a statement on Tuesday, before the Senate expose´, that more information seems to be needed "to explain further to the public any unusual delays in acting on this complaint and the decision not to stand aside the person who has been accused."

Public confidence in the integrity and proper implementation of the Catholic Church's procedures in dealing with sexual abuse ''is vital in obtaining justice for complainants and all concerned'', Cardinal Pell said.

Referring to Archbishop Hepworth's campaign to have his Traditional Anglican Communion accepted into Catholic ranks, Cardinal Pell said the archbishop's ''position and status are not an issue in the treatment of his complaint''.

FULL STORY

Named priest ... denies rape allegations (The Australian)

Peers 'must judge irresponsible Nick Xenophon' (The Australian)

Church tried to help: Archbishop (The Age)

Priest takes a holiday after rape claim story breaks (The Age)

PHOTO CREDIT

mooks262 on Flickr

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Recent Comments

  1. Senator Xenophon has done his political integrity and personal judgement little good in this use of parliamentary privilege.
    No individual should have to endure guilt without recourse. What Nick Xenophon has done is deny natural justice to someone based upon his own personal assessment of the 'good standing' of the Archbishop.
    I hope that damege done to parliamentary privilege has been worth it.
    Given that Archbishop Hepworth has had many years in which to approach the police with his complaint, and been actively encouraged to do so, having failed to do this raises questions about the accusation, and too about the actual nature of the sexual experience all those years ago.
    Was it rape or was it something else needing to find refuge and disguise within the accusation?
    The true nature of the Archbishop's complaint might require both more frankness in confronting the past, and more understanding of some broader underlying issues - both personal and ecclesiatical.
    In the meantime Archbishop Wilson, Monsignor Cappo, and especially Monsignor Ian Dempsey, are in various degrees and for diverse reasons left to deal with the mud of accusation.

  2. I find this strange on many levels: an elected lawmaker who appears not to respect the law; a plaintiff who in 50 years does not/will not go to the police to report a crime; a plaintiff who, presumably, approaches the politician, but the reason is not given; instead of advising him to go to the police, the politician uses the parliament to prosecute the case in lieu of the courts; the politician has not declared whether he has any corroborating evidence of the truth of the claim. Senator Xenophon wanted a law to make mandatory reporting of confession of child abuse, but must have realized its futility; so now he uses parliament to replace mandatory reporting.
    He has blurred the separation of powers, and inverted the principle of innocent until proven guilty.
    What will he say to himself, the parliament, and to the priest, when/if the accused is found innocent by a court?

  3. Sentor Xenophen appears to be naive. There is a lot more water flowing under the bridge than that of Archbishop Hepworth's perceived unhappiness with the protocols of the Adelaide Catholic archdiocese.
    Take a peep at the Tess Livingstone Op Ed in this morning's Australian. She's looking over the bridge railing too although, interestingly, what she observes is as revealing as what she appears not to notice.

  4. 'An AdelaideNow poll showed that 3660 voters agreed with the Nick Xenophon's decision, compared to almost 1500 who were opposed.' - Adelaide Now September 15, 2011
    'Priest takes a holiday after rape claim story breaks' - Launceston Times
    'David Cappo resigns over John Hepworth case?" -NEWS.com.au
    In reality, Senator Xenophon's public action has achieved what he initially wanted the Catholic Church in South Australia to do privately. He retains his integrity, personal judgment and majority support for his actions.What would have happened had he done nothing? If only the Catholic Church in South Australia had been proactive instead of reactive in the first place ...

  5. Richard: Instant polls are potentially subject to contamination.
    If a person with power demanded of me to do what he wanted, with the threat that otherwise he would take action to my serious public detriment, I would call that blackmail.
    You say “(Sen. Xenophon) retains his integrity, personal judgment and majority support for his actions”; well, the poll might show majority support, but it certainly does not address integrity and personal judgement.
    An abuse of power, even for a good purpose, is Machiavellian, not moral. The presumption of innocence here has been severely damaged.

  6. Joe: The Senator is hardly naive. He is a former barrister. His action could well lead to any possible future charge being dismissed. Why would he do this if he thought the allegation was true?
    Tess Livingstone’s article in the Australian supports this with Hepworth’s revelation that the incident he refers to was apparently a consensual act between two 27-year-old priests, which he regretted many years later upon deciding that at the time he was “weakened” and “deeply lonely and unhappy and wanted priest friends.” If such an act did occur, it was certainly immoral and even illegal at the time, but it was not “rape” or “abuse”.

  7. I used to admire Senator Xenophon but no longer. His conduct is a disgrace.

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