Introduction:

In Press Release 266 ( at www.adogs.info/pr266.htm ) DOGS illustrated the problem confronting citizens when they deal with accountability and transparency of the church school faction. In that New Release we dealt with ghost pupils, ghost teachers, and even a possible ghost school. Now citizen/taxpayers are confronted with the possibility of a 'ghost owner/operator'.

Ghost Owner/Operator

 On 20 October 2008, Lateline, an Australian Broadcasting Television program which involved  Tony Jones the Presenter ; Connor Duffy the reporter and Jason Parkinson, the lawyer for students who had been sexually abused, informed the public of what can only be described as a 'ghost owner/operator' of a Roman Catholic school.

According to Lateline Jason Parkinson is fighting a fierce legal battle just to identify who runs the school. The Lateline transcript for this program reveals an amazing story. In January the defence lawyers for this Roman Catholic Body/persons  advised that the organisation that ran the school was the trustees of the Marist Brothers. Parkinson was advised by these lawyers , namely Carroll and O'Dean that Marist College Canberra was operated by the Trustees of the Marist Brothers "and that this was the position at all relevant times in regard to the sexual assault claims.

According to the ABC, on the day that a Marist Brother, Brother Kostka was sentenced for abusing sixth former students, the school began to change its position. It released a statement saying

 We acknowledge our responsibility to those who have been hurt by his (Brother Kostka's) actions,

 But at the bottom of their release, the Marist Brothers dropped a bombshell, hinting that it might not be possible to sue the trustees of the Marist Brothers over the alleged crimes. It confirmed this in a letter to lawyers for the plaintiffs.

It is now clear that the information we passed to you regarding the entity which operated Marist Brothers Canberra, is not correct. The Trustees of the Marist Brothers.... did not operate the Marist Brothers, Canberra.

In the interview Parkinson noted:

 So we have got a situation where a school with multi-million dollar facilities is just flying a flag of convenience; they'll take the school grants, but they won't take responsibility.

Connor Duffy, the Lateline reporter, noted:

 Lawyers for the abuse victims are staggered by this defence. There is a range of evidence that would suggest that the Marist Brothers Trust owns and operates the school.

DOGS  note the evidence produced in the Lateline program and ask the reader to decide whether there is a ghost owner/operator or not:

• On the current register of ACT non-government schools, the proprietor for the Marist College is listed as Trustees of the Marist Brothers

• There is a plaque in the school's office that reveals that the Trustees of the Marist Brothers has an Australian  registered body number.

• A Land title search lists the trustees of the Marist Brothers as being the sole proprietor of the lands on which the school sits. In the ACT,  all land is technically owned by the government and leased out to individuals on 99 year leases. The lease between the Marist Brothers trust and the government indicates that the trustees must 'use the premises only for the purposes of a school conducted by the trustees of the Marist Brothers.'

• Correspondence between the Education Department and the Marist Brothers also shows that the Marist Brothers Trust is the approved authority for Commonwealth Funding and that millions of taxpayer's dollars have been received over the years. In this correspondence, the Marist Brothers Trust is willing to identify itself as the owners of a school: 'The trustees of the Marist Brothers....being the owner of the school name, Marist College, Canberra, Pearce, ACT and being the approved authority under Section 32 of the State Grants ( Schools Assistance) Acts.

•  The School's website details how the Marist Brothers sold land in  Sydney to establish a school in Canberra.

Lateline Challenged the Marist Brothers as follows:

They sent detailed, written questions to the Marist Brothers asking them how, given the available written evidence, the Trust could not be responsible for operating the school. They also asked how it was that no-one else had been nominated instead as being responsible for the school or for having a duty of care to the students.

Lateline also raised another question related to how, in a sworn affidavit, a brother, Brian Sweeney claimed that the Marist Brothers Trust was unaware who had established the school. Brother Brian Sweeney was quoted as saying:

 After making all proper inquiries of past and present agents of the defendant, the defendant is presently unable to say who established 'The Marist College Canberra

One of victims,  described as 'Michael ' was reported as saying:

We paid so much money to come to this school to learn about Catholic Education and it just doesn't make sense.

Give the Victims and Taxpayers a Bit of a Break!

DOGS appeal to the Marist Brothers to have a bit of Christian pity on the victims of sexual abuse and admit the obvious. Surely we don't have to put up with a ghost owner/operator as well as a possible ghost school, ghost teachers and ghost pupils!

DOGS also congratulate Lateline on the story, and their exposing of  the possibility of a 'ghost' owner/operator. 

LISTEN TO THE DOGS PROGRAM;

3CR 855 ON THE AM DIAL

12.00 noon ON Saturday