Marist College shirk responsibilities to cause sexual abuse victims more pain.

But we all know they will do everything in their power to shirk responsibility. With everything to do with child abuse I am so sick and tired of people who make lots of noise about their high moral standing yet do everything else to obfuscate the truth. Catholic church is of course a big culprit, but there are many other sources of this hypocracy. Believe me I know.

Now it’s time for Marist to make things right……..

As I said in a related forum, it’s nowhere near long enough as far as I’m concerned, especially noting it was 19 counts of indecency (not counting those omitted through the ACT’s ridiculous Statute of Limitations). So that’s just over a month prison on each count! There’s always the chance he’ll die inside so it becomes a life sentence. Actually he now claims he’s sick so in this case (!) I support euthanasia.

The message this sends is if you can avoid detection long enough (or your employer is corrupt enough to hide your behavior), you’ll get off light.

Interesting how the Marist order came out and apologised for the embarrassment ‘they’ have caused though. So they admit some responsibility now despite washing their hands of Kostka last week claiming the have no duty of care to students as he wasn’t employed by them?! Can any of our ‘riot’ lawyers.

Another piss poor sentence from the local judiciary.

Poor old paedophile……..meanwhile there is an entire generation (or two) of f@*ked up Canberra men that have to live with this for the rest of their lives.

It’s a pretty strong sentencing considering he is 76 though … plus his ill health, he’ll be dead within a year.

If that’s the case, then it’s bullshit. Old people aren’t suddenly less culpable for their previous actions just cause they’re old.

Oh but wait, I forgot that he was also remorseful. Old + remorseful = less guilty.

In that case, I think I might just go rape a bunch of babies, but then cover it up so no one finds out about it till I’m old, then just say I’m sorry and I can live out the rest of my days in weekend detention, or maybe minimum security at the ACT resort.

I think being, like, 74 played a large role in the sentencing length.

That’s unbelievable.

He’s pleaded guilty to some 19 counts of assault, and has gotten a sentence that equates to a little over one month per offence.

One month. For what is generally considered the most heinous crime there is.

Pedophiles the world over must be quaking in their boots.

Sentencing is nothing, more interested in what the payouts will be. Hope they are are massive.

Update: here’s the ABC file note on the sentencing: http://www.abc.net.au/news/stories/2008/06/23/2282616.htm

FYI – Apparently Koska has just been sentenced this morning and gotten two years in jail and a year of weekend detention.

Thoughts on this being a fair and just sentence anyone?

What would a male in his 20s get for raping a woman in her 20s?

What do individuals with extensive child pornography libraries get from the justice system? (non-producing, just passively consuming the media?)

Should our social justice discussions be focused on what images are pornography v’s art or more weighted to emphasising that the actual ACT of child sexual abuse is actually worse?

Discuss please – I’d love to hear your views!

Re Post #24: “Place said parents in the dock…”

Those said parents are the ones who kept sending their children to the school. Their relatives and friends too. For years and years afterward and during. Such is the hold of Catholic guilt. Not so much belief in “the Jewish Zombie” who is his own father. But fear.

How does one interpret such fear; fear that allows parents to send their kids off KNOWING the teacher is pulling himelf off in class, showing them porn, and in some instances – bonking them?!

Makes me wonder if, at His Holiness shindig in Sydney soon, they asked for a show of hands who have had a show of dick at catholic school, whether it would look like a Mexican Wave.

It appears history tells us that Lyons knew his time was up, even prior to being questioned and arrested by the AFP. Lyons had already planned his escape route (suicide) and his behaviour had changed dramatically in the months leading up to his final days.

Yes he must of known something was about to happen. He only got the knock on the door on the Saturday of the Queen’s birthday long weekend, but I believe he knew the clock was ticking down pretty fast.

About Kostka Chute, this is not to take anything away from his victims, but I actually think the behaviour of the Marist brothers and the school in general is more contemptuous. They knew for certain and made a political decision not to take action on him. It they had acted, then so many people would have been spared from his interference. Simple as that.

They may well get off; it’s the LAW that’s failing victims as, technically, they may not have had a duty of care toward us at the time. That concept may post-date the offences. Such is the fuckwitedness of the LAW, and all her serve the bitch.

The “insurer” would very likely be the Catholic Church Insurance Office.

If, as I recall, parents state they contacted Br. Jo, then Porters should be placing said parents and Jo in the dock, to test his credibility v. theirs, and likely “confess” the order’s culpability (yeah, right), or at least give us the satisfaction of knowing he’s perjured himself, and is as utterly criminal as I’ve always suspected.

Serpico, that is the real point. They don’t think they will get caught.

It appears history tells us that Lyons knew his time was up, even prior to being questioned and arrested by the AFP. Lyons had already planned his escape route (suicide) and his behaviour had changed dramatically in the months leading up to his final days.

On the other hand, I am not convinced that Kostka ever expected to get caught. His “Brotherhood” appears to have had his back, and I honestly believe that he thought that he could continue his evil seduction of pre teen boys forever.

He deserves the harshest penalty. He knew better……..he abused a position of trust.

Maybe he should have feared God some more……..I couldn’t tell you though, if he would have more to fear inside or outside of a prison cell.

If you asked every priest if he believes in GOD,they would say yes they do.It does’nt mean that they are telling the truth.It’s their livelihood at stake.You have heard the term GOD FEARING.Well that is what stops people who genuinely believe in GOD from commiting crimes.Every priest who molests children is a hypocrite and they do it because they don’t think that they will get caught.

I agree with some of you, I don’t think it is their lack in belief in god that makes them offend and reoffend, I believe that it is their genuine belief in god that gives them confidence that they will be forgiven, for even the most desperate of crimes.

Last nights news was saying that the judge will hand down the decision on kostka’s sentence in two weeks. Their lawyers saying that Jail time is not appropriate.

How’s years of repeated and protected child sexual abuse does not deserve a jail term, is beyond me. I know his laywers are only trying to do their job…..but on the same note, they choose to perform a job of questionable morality. I hope they explain that to their own kids, that they take money, to set paedophile’s free.

Jail him, for the rest of his natural born life…….the rest of his victims got a life sentence.

Roadrage77: Me neither.

serpico said :

You know why that creep Kostka and all the others in the clergy molest children.Simple they do NOT believe in GOD.Unfortunately the Catholic church is full of those types and I would say always has been.Just look up the paedofile registry and your in for a shock.

I don’t believe in god and I don’t molest children.

Update from ABC News online

Civil case against Marist Brothers likely to proceed.

Posted Wed Jun 4
Civil claims against the Marist Brothers, alleging they knew about the illegal behaviour of one of its teachers at a Canberra school, are likely to proceed.
Lawyers spent the afternoon arguing whether the trustees of the Marist Brothers had a duty of care to the students of Canberra’s Marist College.
The originating claims allege the organisation knew about the activities of Brother John Kostka, who has pleaded guilty to molesting six teenage boys from the school in the 1980s.
Counsel for the Marist Brothers argued the documents to support the allegation were lacking in detail and should not proceed.
Lawyers for the alleged victims said Marist College negligently exposed the students to the sexual, predatory conduct of Brother Kostka.
Justice Richard Refshauge said he would not strike out the case and instead ordered the victims’ lawyers to re-structure the documents.

You know why that creep Kostka and all the others in the clergy molest children.Simple they do NOT believe in GOD.Unfortunately the Catholic church is full of those types and I would say always has been.Just look up the paedofile registry and your in for a shock.

I agree with your comment tylersmayhem that Marist should be seizing this opportunity to look past the legal aspects of how to deal with this, and use the opportunity by making a statement in avoiding them.

There is a window of opportunity to do what is right…….lets see if Marist can practice what they preach.

I hope they hang that Kostka by his shrivelled old balls.

As an ex-student, they’ll never get any children of mine through the door as a student. That’s long been a given. But the present management of the school & catholic education office are failing to consider, that their shameful defensive tactics sully the reputation of the school further, and they’ll never get a bequest, donation, financial or in-kind contribution, or even a single red cent from the likes of me at any time in the future either.

200 graduating year 12s each year times 40 years = 8000 potential donors to the school, who’ll be charitable elsewhere instead. (8000 is a bit simplistic I know but you get the drift.)

I must admit, I am relieved to know that I am not the only one to be appalled and disgusted at this. I am horrified that an organisation as the Marist Brothers (through their lawyers or not) could possibly come up with an idea that they have no duty of care. Even if this is to avoid the obvious exemplary damages under Australian law. Their argument is purely to avoid paying out more money.

When I think of this logic, I cannot believe that anyone would have their child there. Even if it was decades ago……by supporting the school through enrollment or actual support, you can only assume they approve and support the opinions of the school, either that or they have the same low moral base that the moronic lawyers do when they thought up such a socially destructive defence.

It also shows the desperation their lawyers have. Knowing they are painted into a corner they choose to destroy the moral standing and reputation of the school, because it is cheaper, because it is all they have. And it ain’t much at that.

I know people say that lawyers must do what they can, but organisations have a corporate conscience. Organisations are judged on their moral value, you see it all the time. But for some reason the Church can say turn the other cheek (yet stab a victim with the other hand), preach about tolerance (yet ridicule and mock homosexuality) and talk of family values when their own people are off raping little boys in their care………. come and send your kids to a safe place of education and high moral values (and we will either sexually abuse them or protect those who do).

Whether I was a victim of Paul Lyons and Daramalan’s appalling cover-ups, or not…..I cannot understand how any school can say, they have no duty of care.

Marist are only interested in running a commercially viable institution….
…………..one that has NO DUTY OF CARE.

No where’s that enrollment form……….bloody idiots.

Christianity:
The belief that a cosmic Jewish Zombie who was his own father can make you live forever if you symbolically eat his flesh and telepathically tell him you accept him as your master, so he can remove an evil force from your soul that is present in humanity because a rib-woman was convinced by a talking snake to eat from a magical tree…

From a PR and community goodwill perspective this wierd legal denial is a mistake.

Only time will tell whether the loss of enrolments due to people now not trusting them will cost them more than any payments they may have had to make (i assume this legalese is about not being sued?).

Perhaps, seeing as Marist are washing their hands of any teaching contract with Kostka, parents should be suing for having paid fees, and then had their children taught by someone who apprenatly wandered in off the street every day unbeknown to the staff and principal.

Its probably typical of the mental health issues that causes a supposed sane human being to
believe in imaginary deities

I believe that this type of sham is typical of the Catholic religion! Shut them down I say – one-by-one!

My child will never go there, it’s just not worth the risk (I’ll never take him to church either). If they lose students & struggle, good..they deserve it.

While I understand the alternate view that dalryk and spoonbill are offering, Marist should be looking beyond the “legal” and “insurance” protection and take responsibility. The approach they are taking is as unforgivable as the horrible acts themselves.

To add to this, I have noted that recently Marist as an organisation approached the meadia to run a “positive” article on the school to attempt to off-set the rightly deserved bad reputation! While these events happened years ago, Marist as an organisation seems to be taking the very same “not our fault” attitude and representation.

Parents who are considering sending their children there, you need to consider your child’s safety when sending them to an organisation who have previously harboured child sex offenders, and who are now wiping their hands of any responsibility – according to the law or not – is unforgivable.

As as ex-Marist student, my children will never go there!

To add to spoonbill’s comment, I think it’s also relevant to separate what Marist’s lawyers argue in court from the opinions of Marist as an institution. As lawyers they have a responsibility to argue on behalf of their client using whatever grounds they find available.

In this case they seem to be making a fairly technical argument based on the legal relationship between Marist and Br Kostka. I think it’s an argument that will fail, because Marist still has a legal responsibility towards the students irrespective of where the threat originates. Even if Kostka was a complete stranger who just wandered onto the grounds from time to time, the school has a responsibility to protect the students from reasonably forseeable threats.

This must be very upsetting and offensive to the victims. It’s such a long, nonsensical bow to draw, I hope it doesn’t work. Can’t see how it can work… the man was a teacher at the school. The kids were required to attend his classes, as with any others. It wasn’t voluntary.

I was talking to some ladies at work a while back, who were engaged in assessing schools for their boys. They were tossing up between Marist and St Eddies… I alluded to the troubles at Marist, and they were both very fast to brush the issue off as being in the long distant past, it was all different now, etc etc.

If I had students there at the moment I’d be asking – does the school agree to protect all students from people allowed to enter the school grounds – Brothers, tradesmen, canteen ladies etc?

Surely, by allowing the brother to interact with students, the school has a duty of care to make sure the students are protected. Whether they “employed” him or not is beside the point….

This latest development is not only bad for the victims it is bad for the school. Who would send their kids to a place that denies that they have a responsibility to protect their students?

Without knowing the legal idiosyncrasies and technicalities, I would assume that Marist’s insurer would demand that the school fight the charges in the first instance, before making any settlement.

There is a duty of care requirement for workplaces and institutions to provide a safe environment. Most organisations now do not wait for an incident to happen but have processes in place to identify risks in order to prevent them.

It is a fact that the students were abused whilst in the care of the school. The school did not protect the students. Did they have processes in place to evaluate the risk, capture warning sign reports and then act when incidents occurred ? It doesn’t sound like any of it was taken seriously and the duty of care to the students wasn’t a priority. On that grounds the school should be held accountable.

The school now has an opportunity to step up and take responsibility, it won’t undo the past for the victims but it will be a step towards reducing future injury and insult. You would hope that accountability and doing what is morally right is something the school would place value on. Don’t play the legal game anymore, you will only cause more pain to the victims and their families.

I just read this article on the CT site and I am horrified (but unfortunately not surprised). This slimy attempt to wheedle out of any responsibility based on strict legal definitions of employment is just one thing that is wrong with our legal system.

He is a Marist brother is he not? The principal at the time was the local head of his order. If brothers regularly taught in classrooms simply by virtue of belonging to the order (without being employed by the school) then OF COURSE the frigging school should be held responsible for ensuring the children were protected!!

I really feel for all the victims and their families who are getting screwed over again. My heart goes out to you all and I hope that this scum gets what he deserves in sentencing.