ONE of the Marist Brothers’ most senior educators has appealed against his conviction for child sex offences because a judge did not say why he didn’t believe his evidence.
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William Henry Wade, known as Brother Christopher at Marist Brothers schools in NSW and Queensland, was “entitled to know” why District Court Judge David Arnott rejected his denial of offences against two boys, his barrister told the Court of Criminal Appeal on Wednesday.
Judge Arnott, sitting alone in June, 2017, found Wade, 81, guilty of three counts of indecently assaulting two boys at Hamilton Marist school in 1976 and Kogarah Marists in 1980.
He found Wade was an “opportunistic” offender who committed gross breaches of trust against his victims, who were both sick and in pain when they sought his help. Wade relied on his authority as a headmaster to silence the boys, the judge said.
Judge Arnott in November sentenced Wade to a maximum 18 months’ jail, with a minimum term of nine months. The terms were based on sentencing standards at the time, he said.
After the sentencing the Marist Brothers issued a statement expressing its “deep sorrow” and “profound regret at the events that have taken place”.
Wade’s barrister told three judges of the appeal court on Wednesday that Judge Arnott did not make a finding in terms of Wade’s credibility, and did not say why he did not believe Wade although he was “obliged to state in his reasons… why he did not believe the accused’s evidence”.
But barrister Belinda Baker, for the Crown, said if there was an error in the case it was “simply an error to make an express finding that the accused’s evidence was rejected”, after Judge Arnott accepted the victims’ evidence about what had occurred.
Justice Robert Hulme questioned what Judge Arnott could have said.
“I’m left wondering now, all the judge really could have said is ‘I don’t believe the accused’s denials because I accept the complainants’ evidence beyond reasonable doubt’,” Justice Hulme said.
Ms Baker told the court there had been no substantial miscarriage of justice.
Court of Criminal Appeal president Justice Margaret Beazley excused herself from hearing the appeal after recognising one of Wade’s three sisters in court as a former student at a school she attended.
Justice Beazley told the court she did not make the connection between Wade and her former school contemporary while reading papers before the hearing and decided not to proceed with the matter.
Justice Robert Hulme replaced Justice Beazley. The court will rule on the appeal at a later date.