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Former Marist Teacher Charged Part 2 – Kostka

By stonefish - 23 June 2008 23

I went to a Marist Secondary College in Sydney.  One of our feeder schools was in Hunters Hill, and I suspect that that was where Kostka taught restlessheart.  Kostka never taught where I was.  Restlessheart may well have done secondary there – we produced many lawyers including me.

There was a group of active homosexual students the year below me who were careless enough to allow a graphic note to be found.  Every boy in the form was interrogated about the group’s identities by one or more of the brothers. So far as I know, everyone who did know kept silent, although when I heard about the investigation and started making my own enquiries, I had no trouble finding out who they were. I was just a curious 15 year old who wanted to know who the poofters were so I could avoid them. The latest business makes me wonder why the brothers wanted to know.  I know that some would now say they wanted to groom them, and others may say they wanted to try and help them. I used to think the latter.  Now I wonder!

I’ve seen a lot of names on this discussion.  None of them ever taught at my school while I was there.  However one brother we had definitely was gay, and I saw him in Sydney city on a street corner years later in civvies approaching adult men. As for whether he liked little boys and/or did anything to any of my fellow students I don’t know. He appeared to be targeting men well above school age that night! He’s not mentioned on Broken Rites or MAKO.

A lay teacher taught there for a few months before just not turning up for work suddenly.  He was replaced soon after, and many of us asked where he was because he had some exam papers for marking which we never got back.  No one ever got an answer, although I heard many years later through my criminal law work that he is serving a very long sentence for child sex offences. It appears that the explanation for his sudden disappearance was that he’d either tried something with one of us or someone got wind of his inclinations and moved him on post haste. Sound typical?

I must side with restlessheart on the “Kostka was touchy but didn’t try anything sexual” issue. (Part 1 of this discussion)  BerraBoy68 himself said this about Paul Lyons in post #38 (Part 1): “As for Lyons, he used to take me out of other teachers classes and drive around town with me, take me to lunch etc.. lots of touching (arms, legs etc.. but nothing sexual…” and nothing that restlessheart said that he saw Kostka do would amount to a sexual assault at law. BerraBoy clearly changed his own view of what constitutes “sexual” in post #117 (Part 1). 

Restlessheart did take a quantum leap saying he was sure it never happened to his mates though.

I am a criminal lawyer and know Kostka’s lawyer although I haven’t discussed the case with him.  I won’t either. For my part, however, I think Kostka will serve some time – 75 years old or not!  He would if he was before a Sydney Court for those offences in my view. We’ll all find out soon. Greg will do his best to prevent it. That’s our job. We’ll see!

Mick1965-You may have some compensation entitlement without joining Porters’ class action against the Marist Brothers. You’d be well advised to talk to a specialist criminal lawyer from ACT about this.

What’s Your opinion?


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23 Responses to
Former Marist Teacher Charged Part 2 – Kostka
Canberra Gardener 11:48 am 29 Jun 08

Lots of press coverage on the Marist and Daramalan Child Sex Abuse cases.

Canberra Times – Forum alluded to a number of facts, but one I didn’t know, was that apparently Kostka taught Lyons in Primary school. Interesting.

The Australian also said that Marist are trying to use every loop hole they can, reliying on the Ellis case (NSW) to claim that Priest and Brothers are not Agents of the church and therefore the church cannot be sued for thier wrong doing. Dodgy.

Also The Australian – Insider has a long article about Child Abuse in Canberra Churchs and Schools, and refers to the Marist and Daramalan cases as well. An interesting background read.

I will try and find the links

BerraBoy68 9:21 am 29 Jun 08

Skid: I’ve tried contacting the Old Boys Assoc. on several occasions only to be met with silence. As for the formation of an alternate Old Boys, I think it’d be good, if only to piss-off the school. I’m just wary of investing $ in an advert in the CT for a meeting only for me and you (and possibly a few others on RA) to be the only ones to turn up. That said, I’m more than happy to discuss if you think this we’d get a good turn-out!

Skidbladnir 12:43 pm 25 Jun 08

BerraBoy68: Whatever happened with that Old Boys Putsch, by the way?

Mick1965 11:18 am 25 Jun 08

Thanks fellas. What I really need now is to know how many of these kids WERE abused (hopefully none, but realistically…) and I really want so bad to apologise to them.

I’m still hoping some of the more creative amongst us can think about how we can turn this shit around and try to create something (like “Scared Straight”) to help stop abuse and encourage reporting abuse.

Sadly too, when I think about it I do recall one major reason I did not report my abuse – I did not think I would be believed. But now I think more about it I reckon I was more convinced they would think I DESERVED what I got.

Canberra Gardener 8:07 am 25 Jun 08

Mick1965 – They are right. You have nothing to forgive yourself for……but I understand where you are coming from. I too have struggled with the shame of what has happened and for doing nothing about it. At the time though I didn’t realise that other kids where also being abused by Lyons……least of all I didn’t know the school knew of what was going on.

Berryboy68 is right, it’s their shame…..not ours.

stonefish 8:27 pm 24 Jun 08

Mick1965 – Paragraph 1 of BerraBoy68’s #9 post is 110% correct! Good Luck!

BerraBoy68 4:02 pm 24 Jun 08

Mick1965 – you don’t have anything to forgive yourself for – honestly. Kostka is a predator who knows how to push kids buttons and then make victims out of them. There is no fault on your side or that of any other student at the school.

I’d just like all victims of Kostka, Lyons etc… to know that there is more support for them in the Old Boy and general Canberra community than they could probably comprehend. I can understand victims having feelings of shame etc… but honestly, the shame is theirs not yours.

Mick1965 11:48 am 24 Jun 08

G’day lads.

Nice to see you can disagree without getting nasty or bitchy and continue to discuss.

Stonefish…thanks for the advice but I may have failed to explain that I now have seen Jason and I will likely join the class action. Nice of you to offer an alternative.

As for what RESTLESSHEART said, I can see what you Stonefish saying. I just got this odd (paranoid?) feeling that he was/is a Kostka advocate (or Kostka himself!-OK I’m being a little sarcastic here, but really WHO KNOWS?). And with the sentence coming up I was not really in the mood for anyone trying to balance my fully fanged, blood stained chin picture of Kostka! I was actually expecting a REALLY insulting “no time served” sentence.

RESTLESSHEART’s reaction seemed in line with what I was thinking too. And wile most of my visits to this forum on this topic are therapeutic, I felt really put off reading RESTLESSHEART’s bit. Particularly his speaking for his mates then denying having done so….peculiar!

As for the reasons the good brothers wanted the identity of the homosexuals, I can say I was unwittingly used by Kostka to identify homosexuals at Pearce. I can’t speak for any of the other brothers in the “witch hunt” but I am convinced Kostka “tried it on” with the boys I reported to him then sacrificed them if they dis not agree to have sex with him. Aside from the abuse I suffered, I am driven to tears each time I think about the connsequences of the “pooftas” I dobbed in to Kostka. I find it very hard to forgive myself.

Mick

stonefish 11:17 pm 23 Jun 08

Canberra Gardiner – Much of what you say I don’t take issue with, but I’m not minded to get into any dispute about preferable legal remedies. The pros and cons of each are many.

I seem to recall Mick1965 saying that he didn’t want to join the Porters’ action, so I raised another option. There may be others who feel the same way.

Canberra Gardener 10:44 pm 23 Jun 08

Stonefish – I understand what you are saying, but the Porters case will deliver a much larger compensatory benefit to victims through the action they are taking. Jason Porter has apparently managed to find enough witnesses to show that Marist and Daramalan knew about the abuse but failed to act, or worse worked to cover it up.

Exemplary damages is where the real compensation amounts come from, and that is why Marist are trying to avoid the proof associated with their failure in their duty of care. To avoid the really big payments. Damages, costs, psychotherapy (that I might add is already being provided and paid by the Catholic Insurance Office thanks to Jason’s hard work) are only small change associated to an exemplary damages payout.

The Victims of Crime compensation amounts will be minimal…..and will not even try to reflect the real cost assocaited to damages.

Personally I think the school management should be charged as an accessory after the fact (if I have that correct) for covering it all up. I think, we all want attitudes to change towards this kind of abuse, and money may help us understand and cope with the individual damages and pain we all suffer, but this will not ever solve the problem.

Attitudes need to change, and only by pursuing this through the criminal court will people really fear their own inaction or complicity……

I also understand that criminal charges were laid, because Jason Porter referred all his evidence to police, and with the victims supporting criminal action the police charged Kostka…..personally I take my hat off to him.

stonefish 10:26 pm 23 Jun 08

fnaah – I didn’t draw any bow. I thought exactly as you did until recently. I still hope I was right the first time!

Canberra Gardiner – I’ll be more specific now that I’ve taken the time to have a quick look at remedies available under ACT legislation. Mick should contact the ACT Law Society and ask for a referral (our LS would give 3 if he were here) to a specialist criminal lawyer who works in the area of the VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 1983 (ACT) to see if he has a claim based on what Chute did to HIM. He may be eligible for some compensation and/or counselling. Porters is running a class action against the Marist Brothers. They are different legal avenues.

stonefish 9:46 pm 23 Jun 08

Canberra Gardiner – Mick1965 could see a lawyer about an application under criminal injuries compensation legislation.

BerraBoy68 – MY reading of YOUR post was that you (and Mick) read Restlessheart’s post as meaning “he was a touchy teacher but he never touched any of us”. THAT he never said.
His description of touchy reminded me of a previous post which turned out to be your own about Lyons. I also said I thought he took a quantum leap about his mates.
You and Mick and Restless and I could go on forever about context. I see the subject of all this has been sentenced now. How do you feel about that?

BerraBoy68 5:11 pm 23 Jun 08

Stonefish, if your going to mention my posts please get the context right. You say “BerraBoy68 himself said this about Paul Lyons in post #38 (Part 1): “As for Lyons, he used to take me out of other teachers classes and drive around town with me, take me to lunch etc.. lots of touching (arms, legs etc.. but nothing sexual…” and nothing that restlessheart said that he saw Kostka do would amount to a sexual assault at law. BerraBoy clearly changed his own view of what constitutes “sexual” in post #117 (Part 1)”.

In my original post I said Lyons never did anything sexual TO ME despite taking me out of class, to lunch etc… Oddly enough I can state this as a fact as I was there and know all the details of what was done, said etc…

My response to restlessheart however, was based on the fact that he stated that Kostka never did anything sexual to “us”, meaning himself and all of his schoolmates. My response to him was I was agreeing with Mick1965 reading of his e-mail, i.e. how the F*** would restlessheart know what Kostka got up to with every other student? My view of sexual abuse has never changed so please don’t put words in my mouth.

Canberra Gardener 2:51 pm 23 Jun 08

Stonefish – What to you mean by “Mick1965-You may have some compensation entitlement without joining Porters’ class action against the Marist Brothers”

fnaah 1:50 pm 23 Jun 08

I know that some would now say they wanted to groom them, and others may say they wanted to try and help them. I used to think the latter. Now I wonder!

I think that’s a long bow to draw, i’d assume that they’d be wanting to push the whole “homosexuality is a sin” line on them, rather than figure out who’d be willing to stick their hands inside a cassock.

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