Sex abuse case

by Chester Stanley

8/08/02

You are probably aware of the publicity relating to one of our former teachers who was jailed this week for sexual offences.

Naturally the church is very concerned for the victim. Our schools have very strong policies relating to professional behaviours, and the church has cooperated at every stage during this sad series of events.

Some sections of the media have attempted to sensationalise the incident and there has been some unfortunate reporting. The following letter is a response by Dr John Hammond, the National Director of Adventist Schools Australia, to several newspapers that published inappropriate and inaccurate accounts.

Letter to Editor

In response to the item, "Hush money bid fails" (Herald Sun, Tuesday, August 6, 2002) I need to make some clarification.

The Seventh-day Adventist Church at no time attempted to "buy the silence" of a student who was sexually abused by a former teacher. Solicitors acting on behalf of the victim, who was seeking compensation for his sufferings, approached us. The Church cooperated right throughout the process. All parties agreed upon the confidentiality provision.

It is common practice for civil claims of this nature, to stipulate confidentiality. These terms of settlement usually contain a provision stating that the content of the Terms of Settlement are confidential to the parties and their legal and accounting advisors and cannot be disclosed to any other party unless required by law.

Claiming that it was only due to the victim's lawyer adding a sub-clause to the settlement stating that the victim could assist police if they came to him is entirely inaccurate. The agreement was worked out carefully with all parties and was a joint document.

The Seventh-day Adventist Church deeply regrets the suffering to the victim. We note the comment by Judge Smallwood that the church has also been a victim and that the church was to be commended for assisting with compensation. We also agree with the court that no amount of money can ever compensate for the damage done to the victim.

The slant taken in the news item represents an unwarranted and poorly researched attack on the Seventh-day Adventist Church. "Hush money" could not possibly have been involved in this case, because the school and church community were informed about Dunne's activity immediately after his services were terminated and before any settlement was negotiated. Simply put, there was nothing to "hush".

Dr John G Hammond
National Director
Adventist Schools Australia

We solicit the prayers of our church for all those who have been hurt in this case. The victim involved showed considerable courage in coming forward. The families of the victim and the perpetrator need our prayers and the hurting school community needs our continued support.

Pr Chester G Stanley
President
Australian Union Conference

News Paper Article

Hush money bid fails

By JEREMY KELLY
06aug02

THE Seventh Day Adventist Church tried to buy the silence of a student who was sexually abused by a teacher at two of its schools, a court has heard.

But the $125,000 worth of hush money failed because the victim's lawyer added a clause to the settlement that allowed him to help police, the County Court has been told.
James Paul Dunne, 45, will be sentenced tomorrow after admitting 31 child-sex charges.
The settlement of $125,000 plus $30,000 for counselling for any other victims, included a clause that the victim was not to initiate criminal proceedings against the teacher.
But the Herald Sun has learned the victim's lawyer added a sub-clause to the settlement that stated the victim could assist police if they came to him.
Prosecutor Andrew Tinney has told the court Dunne met the victim while a teacher at a Seventh Day Adventist primary school in the mid-1980s. Dunne later became the boy's teacher at the Lilydale Adventist Academy, where the sexual abuse continued.
Mr Tinney said Dunne became a mentor, cultivating the boy and developing an illicit extended period of manipulation.
Mr Tinney said there were at least 31 incidents of sexual abuse while the boy was aged 11 to 14.
Most of the incidents involved fondling between Dunne and the boy.
The court heard Dunne would often pray for forgiveness with the child.
Judge John Smallwood said some aspects of the case were bizarre.
Chris Boyce, for Dunne, said his client was from a close-knit religious community and Dunne had not let the boy drink Coca-Cola or listen to rock music.
The court heard the church's insurer gave the victim a confidential settlement of $125,000.
Dunne was to have paid 20 per cent of that but after only paying 10 per cent, the church is now suing him for the rest.
Dunne, of David Rd, Lilydale, pleaded guilty to 30 counts of indecent assault and one count of sexual penetration.

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