Magistrate Robert Stone adjourned the matter to 14 August while Wilson's home detention order is assessed for suitability.

It's very likely that he will appeal his conviction and sentence.

An appeal may well succeed, but that's not the end of the matter.

This has been a six-year saga relating to events which occurred more than 40 years ago. The law is complex; and emotions are running high.

When bishop of Wollongong and later Archbishop of Adelaide, Wilson did a lot to improve the Catholic Church's national response to crimes of child sexual abuse committed by church personnel.

But the present criminal conviction and sentence of imprisonment relates to his time as a young priest in the diocese of Maitland-Newcastle back in 1976.

It was only later when he was Archbishop of Adelaide that some of his earlier behaviour came back to haunt him.

Local residents in Maitland-Newcastle who were sexually abused as children by either Fr McAlinden or Fr Fletcher have been very outspoken against Wilson, regardless of his later behaviour as a bishop nationally committed to cleaning up the mess.

In 1990, the New South Wales parliament had amended the Crimes Act creating a new offence of concealing a serious indictable offence. Section 316(1) provides:

'If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the police force or other appropriate authority, that other person is liable to imprisonment for 2 years.'

In 1999, the New South Wales Law Reform Commission reviewed this provision and found it wanting. The majority of commissioners recommended complete repeal of the provision.

They said: 'The Commission disapproves of substituting a legal duty which is enforced by a criminal sanction for a moral one unless there are overall substantial benefits to society in doing so. No such overall benefits have been demonstrated in relation to s 316(1)'.

A minority of commissioners thought there might be a case for some provision but even they said, 'It must be accepted that the present provision is seriously flawed; to be brutal about it, it is in several crucial respects virtually meaningless.

In our view, the essential problem is not that the section's underlying philosophy is mistaken but that it breaches the fundamental rule that the criminal law be unambiguous.'

Basically, the law was making it a criminal offence for anyone not to report to police anything they might know about the criminal behaviour of any other person 'without reasonable excuse'.

But no one knew what constituted a reasonable excuse, especially when the victim of the crime or their trusted confidantes chose not to go to the police.

For whatever reason, back in July 2012, Wilson refused to cooperate with the NSW police when they were investigating complaints against McAlinden.

Wilson as a young priest and budding canon lawyer had been the notary at a church trial of McAlinden.

Detective Graeme Parker, the head of Strike Force Lantle, told the Sydney Morning Herald: 'It's a shame because there are questions that really need to be asked of Archbishop Wilson. We made numerous attempts to get him to the table to be interviewed but he's exercised his right to silence.'

I daresay that if Wilson had cooperated with the police back then, that would have been the end of the matter.

From that time on, victims of abuse thought that Wilson had something to hide. Continue reading

• Frank Brennan SJ is the CEO of Catholic Social Services Australia.

Archbishop John Hepworth, who led the conservative Anglican group until he was ousted in an acrimonious policy dispute last year, had caused a sensation by reporting that he was the victim of sexual assaults in the 1960s, when he was a Catholic seminarian.

The Anglican prelate said three Catholic priests had molested him, but did not reveal their names.

However, an independent senator, Nick Xenophon, used parliamentary privilege to name Monsignor Ian Dempsey, a former vicar general of Adelaide archdiocese, as the sole survivor of those accused.

After an independent inquiry, the archdiocese found that now-Bishop Hepworth's complaints against Monsignor Dempsey were unwarranted. Bishop Hepworth then reported his allegations to the police.

The Director of Public Prosecutions has now concluded that no charges should be brought.

Monsignor Dempsey said he was relieved that he would not face prosecution, but humiliated that his name had been "rubbed in the mud".

"I can concentrate on being a good priest, and continuing to be a good priest, which is what I love doing," he said.

"The only trouble of course is once this type of thing is said and the mud is thrown I can never prove that I'm innocent."

The monsignor said if Senator Xenophon had "any integrity", he would apologise for making the allegations in Parliament — but the senator said he won't be apologising.

"I believe the only apology due here is by the Adelaide archdiocese of the Catholic Church, for the way it abysmally dealt with Archbishop Hepworth's allegations," Xenophon said.

"The individual concerned is still working, he still has his job with the church, his position has been maintained, life goes on for him. Archbishop Hepworth, by contrast, no longer has a job."

Sources:

Herald Sun

The Australian

Image: The Australian

Catholic Bishop the Most Reverend Gregory O'Kelly said the Angelus was an important way to remind students of the reality of Christ's birth and the spiritual significance of the Annunciation - the moment the Angel Gabriel appeared to the Virgin Mary.

"It's an eight century-old prayer, and a reminder of the incarnation and that God became human and dwelt amongst us and this was made possible through the consent of a young woman, Mary," Bishop O'Kelly said.

"It's an effort to remind children that Jesus is more than just a good man of history but is the Son of God and it's a reminder that God so loved us and came to live among us."

Bitterly disappointed with the Church investigation, Hepworth said he had no choice but to turn to the police.

He says he feels betrayed by the Adelaide Catholic Archdiocese, whom he first approached four years ago.

"It was never my intention to go beyond the processes of the church," Hepworth said.

"I very much regret that I am having to do that but I have been left with no option but to ask the police to examine the matters that I have put before the church."

Mr Abbott yesterday defended the credibility of his inquiry.

"Archbishop Hepworth chose not to make any written statement; he chose not to put anything in writing; he chose not to give me any list of witnesses to contact; he chose not to participate - full stop," he told The Australian.

"On the evidence that I had, I think my findings are very comprehensive."

A spokeswoman for the archdiocese said the church had encouraged Hepworth to take his allegations to police for the past four years.

Sources

• The Australian
• Herald Sun
• CathNews
• Image: The Australian

The allegation was brought by Traditional Anglican Archbishop, John Hepworth and dates back 40 years to when he was a Catholic seminarian.

The investigation, conducted by Michael Abbott, a prominent Adelaide QC, found there was no undue delay in the way in which the diocese dealt with Hepworth's allegations.

Archbishop of Adelaide, Philip Wilson, said yesterday, the investigations were very extensive.

The investigation included interviews with 29 witnesses, many of whom were present at the time when the alleged incidents occurred.

"I am satisfied that Mr Abbott examined every aspect of the allegations raised by Archbishop Hepworth", Wilson said.

"Based on the findings made in the report, and the evidence upon which it is based, I intend to accept the findings in full."

Wilson said the sensitive nature of the report means he will not be releasing it.

Australian Senator Nick Xenophon, who in February used Parliamentary privilege and named Monsignor Ian Dempsey as Hepworth's assailant, dismissed the inquiry as a "joke".

Labelling the process as "flawed", Xenophon said "John Hepworth wasn't even interviewed."

"This made the Spanish Inquisition look fair," Xenophon said.

Mr Abbott however disputes Xenophon's comments.

"I have interviewed all the witnesses available to me and I have, through my instructing solicitors, made many requests for Archbishop Hepworth to be interviewed by me."

"I also had complete access to the Archives of the Archdiocese and to the records of the Glenelg Parish," Mr Abbott told the The Advertiser.

"I reached the conclusions I did ... after taking into account all of the evidence which was available to me. On that basis I did not accept the allegations made by Archbishop Hepworth concerning Monsignor Dempsey."

"I note that Monsignor Dempsey was named by Senator Xenophon as the person in respect of whom Archbishop Hepworth has made these allegations."

"I also note that Senator Xenophon conducted no inquiry, interviewed no witnesses and had access to no documents (except Archbishop Hepworth's accounts) before taking the course he did in the Senate."

"In view of the conclusions that I have come to in my report, it is regrettable that Senator Xenophon took the course he did before an investigation had been concluded."

Senator Xenophon however said the inquiry should not have progressed until Archbishop Hepworth found the process comfortable enough to participate in.

Hepworth had previously accused the Adelaide diocese of delaying the inquiry.

Last night, Monsignor Dempsey said he was "very much relieved that Mr Abbott has discerned the truth regarding the false accusations".

"From the beginning I have categorically denied the accusations, but even though I know of my own innocence it has been a very trying and difficult period of my life," he said.

Sources

• ABC
• Adelaide Now
• The Age
• Image: SMH

Hepworth hit out at reports he was considering dropping his claim, saying there has been no change in the standoff between both parties.

Archbishop Hepworth claims he was raped by the priests over a period of 12 years, starting when he was in the seminary in Adelaide in 1960.

It was reported by Adelaide Now that Hepworth said he would stop pursuing allegations against Monsignor Ian Dempsey if the Adelaide Archdiocese recognised he was raped by two other priests and would ask Archbishop Philip Wilson to adjourn it if his other claims were recognised and the Dempsey accusation accepted "in good faith".

The Adelaide Archdiocese has hired Michael Abbott QC to investigate the claims, but Hepworth has refused to participate.

"There is a stalemate and I'm hopeful that we can find some way to break through," Hepworth said.

"There's no good faith and I'm still trying to find some way forward.

"At this stage their solicitors are continuing to demand that I take part in the Abbott inquiry but we are continuing to state that we can't because we have not been given enough information to have confidence in it and we have objected to Abbott doing it on substantial grounds."

A spokesperson for the Adelaide Archdiocese confirmed the investigation by Mr Abbott was continuing.

Monsignor Dempsey denies the allegations of rape.

Sources

• Adelaide Now
• The Australian

Xenophon dismissed the presumption of innocence in Parliament, saying in his opinion the Adelaide Archdiocese had taken too long to resolve the case, and it did not heed his ultimatum to stand down the priest while the investigation took place.

Xenophon said he felt duty-bound to name the priest, and told an almost empty parliament that "Sexual abuse flourishes because people keep secrets."

No charges

Dempsey has not been charged by the Police nor currently part of a police investigation, reports The Age.

On the ABC's Wednesday AM program, Father Brian Lucas is the general secretary of the Australian Bishops Conference told Tony Eastly the allegations Hepworth made have no relationship to anything involving children.

Lucas also revealed to Eastly that Hepworth has not laid a complaint with the police, which he said was proper place for the matter to be raised.

Archdiocese responds

In a statement, a spokeswoman for the Adelaide archdiocese registered its disappointment at Senator Xenophon's action.

"We are appalled that Senator Xenophon has tonight, under cover of parliamentary privilege, released the name of the priest despite being made fully aware of the extremely sensitive and highly complex background to this 50-year-old matter."

"The fact that the senator has taken this action is a matter of grave concern to us and the consequences, in our view, will have an impact on not merely the person accused, but also on Archbishop Hepworth himself. It is grossly unjust and unfair for these matters to be aired in public when our investigation is not yet complete and when the priest concerned has categorically denied the allegation."

"If the priest had been formally charged, which he has not, his name would be suppressed until proof of guilt had been established; and yet this decades-old matter has not even been the subject of a police report. We now have to consider the implications and potential consequences of Senator Xenophon's statement to parliament."

Moving with utmost care and sensitivity

Adelaide archbishop Philip Wilson said the archdiocese had only received approval from Archbishop Hepworth to proceed with the investigation in February.

Since it received the complaint the diocese has been proceeding with "utmost care and sensitivity", the archbishop said.

Wilson said, Vicar General for the archdiocese, Monsignor Cappo had met Archbishop Hepworth at least eight times since 2007.

"On my behalf, Monsignor Cappo urged Archbishop Hepworth, at the end of each meeting, to give his permission to proceed with an investigation into the allegations," Wilson said.

"On each occasion Archbishop Hepworth declined, indicating that he was not in a proper emotional state to deal with an investigation."

Hepworth denies this, saying from the first meeting he had with Monsignor Cappo he gave the Monsignor the 'green light' to proceed.

No stand down

At the fore-front of the investigation, Traditional Anglican Communion Archbishop, John Hepworth, said he wanted to see Dempsey stood down rather than named in the Federal Parliament.

In response Archbishop Wilson said the alleged incident related to a period dating back almost 50 years and was between adults. "It did not involve children" he said.

Fronting the media earlier in the week, Dempsey categorically denied raping Hepworth.

A legal opinion obtained by the archdiocese said any decision to suspend Dempsey would be unjustifiable as a matter of Canon and civil law.

Constitutional lawyer and Vice-Chancellor of the Australian Catholic University, Greg Craven said "Parliamentary privilege should not be used as a substitue for trial and conviction."

Craven is of the view that by trying to force conviction, Senator Xenaphon may have stalled it.

Sources

• The Australian
• The Age
• Adelaide Now
• ABC News
• ABC News - AM Interview - MP3
• Image: Adelaide Now

Over the weekend, the Australian revealed that Fr John Hepworth fled the Catholic priesthood in 1972 after enduring sexual abuse from two priests and a fellow seminarian for twelve years.

After leaving, Hepworth went to Britain and drove trucks for Boots chemists.

He became an Anglican and was ordained priest, rising to be World primate of the breakaway Traditional Anglican Communion.

Archbishop Hepworth, keen to be reconciled with the Holy See, is upset at the amount of time it is taking the Adelaide diocese to investigate his allegations, which he says he lodged in 2008.

In reply, the diocese said in a statement. "At the specific request of Archbishop Hepworth, the church took no steps to progress the matter until he decided he was ready to formalise his complaints."

"That decision was only made by Archbishop Hepworth in February 2011 and ever since that time the matter has progressed in an orderly way.

"If there has been any delay, therefore, it is because Archbishop Hepworth specifically chose not to deal with the matter until then."

"The Archdiocese of Adelaide is not critical of why it has taken so long for Archbishop Hepworth to make up his mind about these matters. However, it is wrong to suggest that any delay has been other than at the request of Archbishop Hepworth himself."

Hepworth told the Australian that two of his abusers are dead, but the other is a senior Catholic priest running a parish in South Australia.

Contacted by The Weekend Australian, the priest he could not discuss confidential matters.

In its statement the diocese says the investigation revealed it has retained Michael Abbott QC to examine the evidence, the priest involved in the complaint categorically denies the allegations.

The statement says the investigation is in its final stages.

Hepworth is the bishop for the Traditional Anglican Communion, a 400,000 member Anglican breakaway group seeking reconciliation with the Vatican.

Sources

• Adelaide Now
• The Australian
• The Australian
• Image: Adelaide Now