Author Archives: gerambo

Five Years in Jail for those who Don’t Report Abuse

Posted on by gerambo

Comboni Missionaries

The net is closing on those who were told about the sexual abuse of young boys as young as 11 at Comboni Missionaries Seminaries and didn’t report it to the authorities. Indeed, it will apply, also, to those who just suspected abuse but didn’t report it.

Indeed, it has become an election issue.

David Cameron, the Prime Minister of Great Britain, said that there would be “Jail for those who turn a blind eye to child abuse”.

He announced that professionals who fail to act upon suspcions of child abuse could be facing up to five years in jail.

Changed Times

My goodness!

How things have changed.

First the Home Secretary, and now the Prime Minister, have come down heavily on the side of those who suffered sexual abuse as a child and heavily against not only the abusers but those who covered it up.

It is becoming more and more obvious who is on the right side of history and who is on the wrong side of history – those who were abused or those who covered it up and their apologists.

Front Page News

The story appeared in both the Telegraph and Guardian. Indeed, it is front page on both with the Guardian headline saying “PM: jail those who ignore child abuse”.

It’s just a shame that it could not be retrospective.

However, that doesn’t mean that existing laws could not be used to pursue those who covered up sexual child abuse at Comboni Missionary Seminaries and those who continue to do so at the very highest level of the Order.

Home Office Panel on Institutional Sexual Abuse

All will be exposed when the Home Office Panel sits. Comboni Missionaries who took part in the cover up will be legally obligated to attend and be questioned in front of the Parliamentary Committee and the nation. It will be televised.

Indeed, they could also make requests, backed up by EU Law, for those residing outside of the UK, to attend too.

End Game for Comboni Missionaries

It has taken a long time but justice is close at hand.

In chess terms, this is the end game now for the Comboni Missionary abusers, those who covered it up and their apologists amongs the Boys.

In poker terms, we’ll soon see what hands both sides have.

In David Cameron and Theresa May, those abused have two powerful cards in their hands – perhaps the King and Queen.

The Comboni Missionaries will soon find out that, no matter how many Jokers they have available, none of them will count in this game.

Abuse Woven Into British Fabric of Society says Theresa May

Posted on by gerambo

British Child Abuse

The Home Secretary, Theresa May, has warned that Child Sex Abuse is ‘woven, covertly, into the fabric of British society’.

That’s both an astonishing, and very worrying, claim.

She has just announced that a new Home Office judge-led enquiry will look into child sex abuse BEFORE the 1970s.

Previously it had been only going to look at institutional child sex abuse from 1970 onwards.

Comboni Missionaries Abuse

This means that all child sex abuse perpetrated by the Comboni Missionaries in the UK  now comes under the remit of the enquiry.

That comes as very good news for those who were victims of abuse in the 1950s and 1960s in the UK at Comboni Missionaries seminaries.

It’s bad news for the Comboni Missionaries abusers and those that were, and are, involved in covering it up.

Tip of the Iceberg

Indeed, Theresa May stated that the public are not aware, yet, of the full extent of the scandal. She said that we have only seen just the tip of the iceberg yet.

The tone of what Theresa May says is important. This does not sound like a woman who wants to brush things under the carpet. This is a women who understands the full extent of the scandal – and wants something done about it.

This is very bad news for the Comboni Missionaries and their apologists and those who have helped, and are helping, them to cover up their sexual abuse of young boys as young as 11.

Most Appalling Abuse

 She said ‘We already know the trail will lead into our schools and hospitals, our churches, our youth clubs and many other institutions that should have been places of safety but instead became the setting for the most appalling abuse.

‘However, what the country doesn’t yet appreciate is the true scale of that abuse.

‘In my discussions with older victims and survivors and their representatives, I began to realise how abuse is woven, covertly, into the fabric of British society.

Blackpool Rock

‘During one of my first meeting with survivors, one lady said to me: “Get this inquiry right and it will be like a stick of Blackpool rock. You will see abuse going through every level of society.”

‘I fear she is right. I have said before and I shall say again, that what we have seen so far is only the tip of the iceberg.’

Theresa May said that the new terms of reference and the appointment of panel members for the Parliamentary enquiry into child sex abuse marked a new beginning for the probe.

Right Side of History

We will see now, as regards the Comboni Missionaries, who are on the right side of history.

I would say that those Comboni Missionaries who carried out abuse and who covered up abuse and those boys who helped them to and are helping them to, will be seen to be on the wrong side of history.

There are those who stand with those who were abused and those who stand with the coverers-up of abuse.

All will be laid bare soon.

I know which side I will be on.

It’s the same side as Home Secretary, Theresa May.

Safeguarding Officers – Comboni Missionaries Didn’t Report Abuse to them

Posted on by gerambo

by Brian Hennessy

Safeguarding Officers

Until two years ago, safeguarding for Religious (like the Comboni Missionaries) was undertaken in house.

It was then changed and the responsibility was undertaken by diocesan Safeguarding Officers – who report to the Safeguarding Commission. I have confirmed today that Father John Clark is no longer the Safeguarder for the VFs and the job is now in the hand if Philip Wright at the diocese if Arundel and Brighton for all cases related to the Comboni Missionaries.

All cases of abuse by a Comboni Missionary can be notified to a Safeguarding Officer – even historical abuse – and Nolan insists that historical abuse should be treated in exactly the same was as contemporary abuse of minors.

The Safeguarding Officers hold all this information in confidence in case more abuse by another individual is notified – and so that they can advise other diocesan Safeguarding Officers about Abusers working in their area.

They also advise the Police and Welfare Authorities in the case of minors and will provide assistance to Victims of any age who need it.

Comboni Missionaries Safeguarding Officers

It is clear to me that no Comboni Missionary Safeguarding Officer ever reported an Abuser to anyone as they should have done.

We would have known had they done so because we would have been contacted immediately. This is an issue that will certainly need to be raised at the inquiry and I have documented it.

It occurs to me that we could report it ourselves. It is a critical element of the Nolan Report. it is quite likely that they never reported it because they wanted to keep it under wraps.

As I have most of the information, I am happy to report it on behalf of any of you who agree to it – or of course you could do it yourself and avail yourself of any of their services.

Father John Clark

Of course when we talk of abuse – we mean also physical and psychological abuse – and that would put Father John Clark and Father Robert Hicks in the frame as well.

There are benefits in doing this even in cases of deceased VFs because if any new historic cases are reported – it will assist them in quickly verifying the information.

In respect to those Abusers still alive, it would assist the Safeguarding authority and the police and welfare authorities to manage any new reports about those abusers most effectively.

Naturally, you could elect not to inform the Police or welfare if you wanted – or you would be able to allow the police or welfare to be informed even though you did not wish to receive their services yourself.

Helping Safeguarding Officers

There are two other compelling reasons why we should assist Safeguarding Officers as much as we can.

Firstly, we can advertise it on the blog and make the attached leaflet available on the blog. Guys may read it and get in touch themselves.

Secondly, we can encourage others – like our aching heart Boy X – who grieves me – and I think all of you – every time he writes on the blog – to get help – and the Safeguarding Officer, Philip Wright, will arrange for that.

Building the element of Safeguarding into our site will give it a new and important dimension.

Boy X – It’s not your fault. It’s not your fault

Posted on by gerambo

Comboni Missionaries Abuse

In his last post, Boy X, who had been terribly sexually abused by FatherJohn Pinkman and who was psychologically terrorised by Father Ceresoli (now Bishop Ceresoli) said the reason he remains anonymous is:-

“I sometimes wonder what my friends thought of me. I never told any of them what was going on. I was too ashamed to do that. I still feel shame and that’s the main reason I’ve always writen anonymously. I think I may have eventually said who I am but I wrote about what I was doing in London.

“How do I tell my friends I did that? I can’t. I wish I had never writen it.”

Evil Missionari Comboniani

Boy X, let me tell you what they would say. They would be sympathetic. Their blame (and horror) would all go onto the Comboni Missionaries, to Father John Pinkman and all those up to the highest level of the order who covered it up and are covering it up now.

I know!

At the time, we all thought that it was just happening to us. I only discovered a few months ago that it was also happening to me best freind there at the time. Neither of us told each other.

Comboni Missionaries Reunion Old Boys

At a reunion, organised by ourselves in 2006, we started talking about the abuse and it was clear that more than haf of those who were present had been abused by Fr Pinkman and / or Father Domenico Valmaggia.

I’ll bet that the same thing was happening to one, or more, of your friends. Few stayed out of the clutches of both of these evil men.

To help expose the Comboni Missionaries, and to help others, I decided to waive the anonymity that I am legally entitled to and allow my name to be used in The Observer, the Liverpool Echo and my local paper in Scotland, the Greenock  Telegraph.

Clerical Sexual Abuse

With the last one, especially, I was very nervous about the reaction of people – even my family, who didn’t know.

The response was overwhelmingly postive to me and there was complete revulsion towards the Comboni Missionaries.

No one blames the 11-14 year old boy. All blame the adult priests and those who have continued to cover up their crimes.

Not Your Fault

Legally, it’s not yor fault Boy X. I ‘ve checked with my barrister sister on this.

Also, morally, it is not yoru fault either.

You are blaming yourself, Boy X when you shouldn’t.

You say that you are ashamed of what you have done.

You shouldn’t!

Goodwill Hunting

I don’t know if you, or other readers, have seen the film Goodwill Hunting. In it, the character Matt Damon had an abusive foster father and was screwed up and angry (as well as bing very bright).

The character played by Robin Williams was charged with getting inside him to help rid him of his demons. It was proving difficult till this short scene. I strongly recommend you watch it ,Boy X, and other readers.

Goodwill Hunting – It’s Not Your Fault

Boy X, it’s true!

It’s not your fault!

It’s not your fault!

You’re one o fus now. You’re one of a community. We didn’t avoid it either.

What happened later was becasue of it. Two evil men destroyed your self esteem.

Freedom Time

It’s time to free yourself, to free yourself from the prison you built yourself inside your mind becasue of the abuse you suffered from evile men.

It’s time to open the prison door on those parts of your character that you locked away 50 years ago. The only person keeping them inside is yourself.

Come on, Boy X. Open those doors and let them out.

There’s no shame attached to you.

It’s not your fault!

It’s not your fault!

Read By X’s story by Clicking on Boy X’s Story

Boy X, it’s THEIR fault!

It’s ALL their fault!

Father Robert Hicks Kills Another Dog

Posted on by gerambo

Father Robert Hicks Disembowels Puppy Dog

In regards to the “Hanging of the Dog” this was not the only time that the Reverend Father Robert Hicks had been involved in killing a dog..

In another case, Father Robert Hicks was involved, allegedly, in killing a puppy, that belonged to another Mirfield Priest.

It seems, that Father Robert Hicks used the puppy to vent his anger at a group of boys, who let us say, were not fully behind the IRA, and what they believed in.

The group of boys in question, tended to have an allegiance to, and support for, the British Government in relation to Northern Ireland and the war that was taking place there.

Bloody Sunday for Puppy Dog

It was a day after the Bloody Sunday Massacres and Hicks wanted to make a point. He took a group of Brits, supportive lads, to the farm barn and in front of them hung the dog – a puppy dog – when it was still alive, he disembowelled the puppy in front of the lads.

Some of the lads were sick, some urinated in their pants out of shock and some ran away.

Remember these lads were only twelve and thirteen years old.

I know personally that this action by the very Reverent Father Hicks has had a deep and lasting effect on at least one of the lads that witnessed it.

Mark Murray

Editor’s Note:- We were not sure about publishing this story. However, it has now been corroborated by two other people.

Inquiry Finds Senior Cleric Protected Paedophile Priest

Posted on by gerambo

Paedophile Priest

The Australians appear to be ahead of the UK in terms of Rheir royal Commission into Clerical Child Abuse. However, we have an example here of the type of verdict that the looming UK Home Office might reach.

It seems that the senior cleric had a conversation with a paedophile priest, which would have reulted in a jail sentence for the paedophile priest if it had been reported to the police. This was part of a report released by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse.

Father John Nestor

It seems that Father John Nestor had assaulted youngsters in Wollongong during the Nineties. A senior cleric in that diocese ensured that no writtem record was ever kept of the conversation which were an admission of criminal conduct. The senior cleric did this because he wanted to protect not only the paedophile priest but the church.

 Even though it was known that Nestor was a paedophile from the early Nineties, it took over 5 years for the Vatican to remove him from the priesthood in 2008.

Clerical Sexual Abuse

There were runours in the Nineties about camps Nestor ran where the boys swam naked in the open. Nestor talked to boys about the size of their genitalia.

Father Lucas, the General Secretary of the Australian Catholic Bishops was found guilty of “not recording or reporting Father Nestor’s inappropriate conduct”. He knew about what occurred after a major talk with Nestor in 1993.

“An outcome of Father Lucas’ practice was to ensure that there was no written record of any admissions of criminal conduct in order to protect the priest and the Church,” according to the report.

He even told Nestor that the conversation they had of his confession of his crimes would remain confidential and no record would be kept of it. Nestor reckoned it would impinge on Nestor’s right to silence to record the conversation.

Child Sex Abuse Accusations

The first accusation of child sex abuse was levelled at Nestor in 1996. He was convicted of ‘aggravted indecent assault as well as an aggravated act of indecency on an individual under 16 years of age’. However, he got acquitted the following year on appeal.

Complaints continued to be made against Nestor. This led to the church reconsidering and eventually removing Nestor as a priest. The report states that when he was removed the congregation were told that the reason was his involvement in several abuse cases against minors.

Food for Thought for Comboni Missionaries

This should give food for though for those who have been, or are in, positions of authority in the Comboni Missionaries and who were told about clrecial sexual abuse by boys at the seminary, them or later, or by the priests admitting it.

Although paedophile priests, Fathe john Pinkman and Father Domenico Valmaggia, are now dead, many of those, at senior level, who were told about it and covered it up are now in the cross sights of the Home Office Panel.

They won’t sleep so soundly in their beds.

The truth will out!

The Home Office Inquiry is in its early stages here but is taking shape.

Comboni Missionaries Child Abuse has Ruined my Life

Posted on by gerambo

By Boy X who has written anonymously for us before.

Comboni Missionaries Sexual Abuse

Firstly, I would just like to thank you gerambo for your wishes to me in what you posted on 27th Dec. I must admit that what you said regarding closing down part of my personalty, is something I had never heard of before.

I have been thinking a lot about it since. Initially i felt a bit uncomfortable about the idea, I don’t really know why,

Maybe fear of my memories, or fear of the memories I have still to remember. I know they’re there because lately I have remembered some things.

Mostly about my feelings, my feelings when certain things happened. Frightening feelings. Feelings that became worse as time went by.

Even after the sexual abuse stopped, things got worse. Maybe I was gone in my mind by then. The memories that frighten me the most are memories about my last year in Mirfield.

I know I was a mess and, thinking back, it surprises me now that I wasn’t asked to leave during that time and not told by letter to my parents during the Summer.

Clerical Abuse by Comboni Missionaries

It was in my first year there that they started on me and by the time I reached my last year there, i was living a nightmare and clinging in desperation to my friends.

I sometimes wonder what my friends thought of me. I never told any of them what was going on. I was too ashamed to do that.

I still feel shame and that’s the main reason I’ve always writen anonymously. I think I may have eventually said who I am but I wrote about what I was doing in London.

How do I tell my friends I did that?

I can’t. I wish I had never writen it.

Expelled from Mirfield by Comboni Missionaries

The strange thing is, if that letter hadn’t come,saying I shouldn’t return, I think I would have returned. I can’t say I really understand that .

I’m not sure if it was after my first year or after my second year, when the summer holiday were ending and I was due to go back, I told my parents that I didn’t want to go back.

I think it must have been the day before I was suppose to go back that I told them. Anyway, when the day came, I didn’t go. Sometime during that day, I changed my mind, I can’t remember why.

Returning to Mirfield

So my mother phoned Mirfield and made some excuse and she was told I could return a day late, so that’s what I did.

I’ve always been aware of what happened regarding the abuse but maybe it’s all the pain and confusion in my mind because of it that I buried things within me.

I don’t know. Hopefully I will find out.

Psychological Help

Although I haven’t been given a date yet, I am going to be seeing a psycholgist, perhaps things will change. One thing that has helped me a lot is talking with Mark over the phone and writing down everything I do remember.

I decided to do that after I first had something posted on the blog. Nearly all what I’ve writen is just for myself. Trying to get some order in my mind.

Bishop Ceresoli

I’ve been trying to figure out what was going on with me concerning Father Ceresoli while I was at Mirfield. I’ve been looking through the blog to see if anyone else had any particular problem with him. I found two mentions, one refering to Fr. Ceresoli as a psychopath and another refering to him by the writer as one of the most evil people he has ever met.

I can think of a few reasons why he might have affected me so much,so much so that I have always looked on Ceresoli as some sort of monster.

I remember that it was quite a long time before Ceresoli had any effect on me, maybe because while in the juniors, I had relatively little to do with him or he with me.

Sexually Abused by Fr. Pinkman

Perhaps by the time I had been sexually abused so many times I was probably too weak, too vulnerable to be able to cope with his vile evil ways.

Perhaps if the sexual abuse had never happened, I would have been able to cope with him, maybe not.

Maybe his cold uncaring attitude to me might not have impacted on me too much. Maybe it would.

I know that emotional abuse can destroy your mind , destroy your life just like any abuse can.

But then I think, and I’ve said it before, Ceresoli knew I was having problems, so wasn’t that the time for him to show some concern – at least to ask me what was wrong?

Not that I would have told him, but he never even asked. All I got was ridicule. Does it take special training for an adult to know when a kid is hurting? Maybe a psychopath doesn’t see the hurt, or if seeing the hurt, doesn’t care.

Give Me the Boy

Then another notion pops into my head, perhaps it’s something I saw on the blog, I can’t remember, but perhaps not. The system itself. Changing the saying slightly, ‘ Give me a boy for a few years and I’ll show you the man’.

Treat a kid with harshness, and if he survives, the desired outcome may be achieved, an automaton. Is that what Ceresoli is? Is that what they all are?

To hell with those who don’t survive but say a prayer for them anyway?

But who knows? I don’t. I’m just speculating,just beginning. I know I’m still all over the place with my thinking but I want to understand what happened to me.

I need to understand. Whatever it takes, I’m determined to do that.

Read Boy X’s Story by Clicking on My Last Goodbye

Comboni Missionaries Other Names

They are known in English-speaking countries as the Comboni MIssionaries (ex-Verona Fathers), in Italy as Missionari Comboniani, in Spanish-speaking countries as Misioneros Combonianos, in German-speaking countries as Comboni-Missionare and in Portuguese-speaking countries as Missionarios Combonianos.

Comboni Missionaries to be Compelled to Appear at Abuse Inquiry

Posted on by gerambo

Comboni Missionaries Abuse Enquiry

Religious Orders, where clerical sexual abuse took place, are to be included in the remit of the Independent Inquiry Into Child Sexual Abuse. This is to include the Comboni Missionaries, formerly known as the Verona Fathers. They will be compelled to appear.

There was a worry that, because they don’t report to the Bishop, the Comboni Missionaries could not be forced to appear in front of the committee.

However, that has now been shown to be unfounded. There will be statutory powers to compel all those living in England and Wales to appear before the Independent Inquiry Into Child Sexual Abuse.

International Cooperation Used

This would exclude those living in Scotland and other countries. However, other powers to compel based on European or international cooperation could be used when individuals were outside the inquiry’s jurisdiction.

This would mean that that those that live in England like Father Martin Devenish and Father Robert Hicks could be compelled to appear befor the Inquiry.

I’m sure that Scotland has good enough relations with England to allow Father john Fraser to be compelled to appear.

Independent Inquiry Into Child Sexual Abuse

As a fellow EU member, I’m sure Italy would have no objections for the Inquiry to compel Father Enrique Sanchex, Father David Glenday and Father Romano Nardo to appear.

The Comboni Missionaries, in the form of Padre Enrique Sanchez, have said that Father Nardo is not mentally fit enough to come to the UK to answer questions from the UK police, who accuse him of abuse.

However, it would be much more difficult for the the Comboni Missionaries to turn down a request for Fr Nardo to appear before the panel. Better proof of his mental state would be needed.

It looks as if the wheel will finally be coming full circle and the Comboni Missionaries are going to be confornted about the sexual abuse of boys as young as eleven by their priests and for the cover up, going to the very highest levels of the order.

Comboni Missionaries – Questions About their Abuse Code of Conduct

Posted on by gerambo

By Brian Hennessy – which refers to the three previous articles which detail the Comboni Missionaries Code of Coduct for Accusations of Clerical Abuse.

Questions About the Comboni Missionaries Inquiry Procedure for Alleged Clerical Sexual Abuse

Had the Code of Conduct inquiry procedure related only to minor internal matters of, and misdemeanours within, the Institution, I would have few concerns about it.

However, the Code of Conduct is not just all about minor internal Institutional issues and so, yes, I do have some concerns:

• Concern is expressed within the Code of Conduct to keep all Inquiries “in house” if at all possible. However, as soon as an internal Inquiry determines that there is some evidence to suggest that a “crime” has been committed by any person within or without the Institution – and the victim has made a complaint or brought it to the attention of an individual of the Institution

– then there should be an “automatic” requirement of the Institution to inform local law agencies – and welfare agencies when they have knowledge that there is an allegation that a minor has been abused.

• In the above regard, I acknowledge that the Code does state that where a Civil Process is in progress, co-operation with that Civil Process should be given and no inquiry within the Institution should cause an interference with the Civil Process. However, the point being made here is that there should always be a primary Civil Process in the case of sexual abuse.

• Members of the Order, despite their good will, should not be used in any capacity to lead the “primary” Inquiry into a “crime” as they are not “generally speaking” legally competent to deal with the investigation of crimes. I can understand that if a nation state exists in which, for example, child abuse is not a crime on the statute book, then the issues should be dealt with in the most appropriate manner possible by the Institution. However, is there such a nation state today?
• There is a mention in the Code of Conduct regarding the appointment of a “carer” for minors. This is appropriate, but there is no mention of the necessity of having suitable persons trained to engage in such situations – and the use of an untrained person as a mediator is a doubtful scenario.
• There is no mention in the Code of Conduct of reporting allegations to a Child Protection Officer. I can understand that in some locations in which the Comboni Missionary Order operates there may not be one at hand. However, I make the assumption that most Dioceses now do have trained CPOs or are in the process of establishing them. One of the “best practice” roles of a CPO is to alert law and welfare authorities. The secondary “best practice” role of a CPO is to provide a confidential facility to check the credentials (in respect to child abuse) of individuals with whom a child may come into some form of formal contact (teacher, priest etc).

• The Code of Conduct limits the lodging of a complaint by an individual and acceptance of a complaint by the Institution to a period that ceases beyond the age of 28 of the alleged victim. This means that alleged victims older than that age have no recourse to justice.

It may be expedient, but given that the Code of Conduct acknowledges that the serious effects of sexual abuse can be life long, serious and profound – and that there is a well established understanding that the abuse can cause a mental suppression of the facts for long periods of time – then it is inequitable and discriminatory that historic cases may not be brought beyond the period of this limitation.

This limit would be unacceptable in civil jurisdictions of most advanced Nation States today – and it should not be acceptable to an Institution committed to the principles of Faith, Hope and Charity – Justice, Peace and Integrity!

• The Code of Conduct states that records, apart from a summary, of Inquiry Procedures should be destroyed ten years after the date on which they were first raised or immediately on the death of the guilty member of the Institution. This is grossly inadequate and the Institution should review this matter urgently.

The Nolan Report recommends the “best practice” retention of the records for 100 years from the date of birth of the guilty member in order that:

o Child Protection Officer checks can be made routinely on living convicted sex abusers, and

o Historic cases can be dealt with adequately.

• It was not absolutely clear to me in the Code of Conduct whether or not copies of all documentation concerned with crimes of abuse by clerics of the Institution were retained at the Roman Curia level of the Order in perpetuity and whether Provincial Superiors had recourse to or were routinely provided with any information regarding the clerics moved to their province. Such notification to a Provincial Superior should be a matter of routine.

• The Code of Conduct outlines on a number of occasions that abuse has lasting effects, as stated above. The Code discusses at great length what subsequent care may be given to members of the Institution who are found to be guilty of abuse, but limits all effective remedies to the Victim to a “one off” compensation agreement.

There is no discussion of any further care, dialogue or welfare input beyond this point. That is not “best practice” and is unacceptable.

• The Code of Conduct outlines that serious cases involving crimes of sexual abuse are to be referred to the Congregation of Faith and that this Vatican Institution will decide the punishment which the Institution will implement.

However, a prison term does not figure in the Congregation’s list of punishments for serious crimes of sexual abuse of minors. Instead, the Code outlines in detail how a one-off-payment or a stipend for the guilty person is to be determined – and also outlined in the Code is the process for the incardination to a diocesan parish – which is probably the very last place that a convicted sex abuser should be disposed.

This is one very profound reason why the issues surrounding crimes of abuse should not be administered primarily by clerics, but by the civil authorities.

• On that last point and by way of example, in the United Kingdom, a doctor was recently consigned to prison for 22 years for having committed sexual molestations of boys in his surgery on a number of occasions.

His crimes were substantially less serious and significantly less numerous than the many crimes committed by a Comboni Priest who was the Stillington and Mirfield Infirmarian for a goodly number of years! The latter’s crimes were concealed by the Comboni Institution.

He was not defrocked by the Vatican, but he was rewarded with incardination in a parish in his home province of Como and, no doubt, he received a stipend or at least a one-off payment too!

• The Code of Conduct implies that the relationship between a cleric and the Institution is not one that bears a similarity to the normal employer / employee relationship and that, therefore, the Institution accepts no liability for the crimes of a cleric within their Institution.

This notion may be acceptable in some civil law jurisdictions, but it does not apply universally. Within the United Kingdom that theory has been put to the test by diocesan bishops in the High Court of Justice and the Courts of Appeal on a number of occasions and has failed on every occasion.

The Institution should be aware that that is an argument that cannot be used in the United Kingdom – and possibly elsewhere also.

• In conclusion, the section of the Code of Conduct relating to abuse, or as the Comboni Missionaries prefer to call it – “The Brotherly Care of Persons in Certain Situations” – is at best a well intentioned and reasonable document for the primary investigation and the administration of minor breaches of regulation of the Institution. However:

o The Code takes scant account of “best practice” (as detailed for example in the Nolan Report and other notable documents discussing the issue) when dealing with allegations of child sexual abuse – which are crimes.

o Alarmingly, in its most important elements, it has to be said that the Code, despite its numerous recourses to Canon Law, is not fit for the purpose of a primary, judicial inquiry and the administration of issues related to a “crime”.

o The Inquiry and Canonical process should only be a secondary adjunct to a civil process – never the “in-house” preferred replacement to a civil process.

o In respect to the sentencing of clerics who are guilty of serious crimes – the provisions of the Code and the censures allowed to the Congregation of Faith bear no comparison whatsoever to the justifiable, civil penalties that could be imposed in a civil court following a civil judicial process.

The punishment must fit the crime – otherwise there is no credibility whatsoever in the process that has led to sentencing. It becomes a sham.

o This last mentioned failure is undoubtedly one of the more significant reasons for the unacceptability of the Code’s inquiry processes in their present format.

o Regrettably, “Part II – Sexual Abuse” of the Code is not a realistic, practical, working document for the age in which we live, nor for the seriousness of the criminal issues which it seeks to address and nor for the universality of the International Conventions which shine as beacons to illuminate the Rights of the Child.

Comboni Missionaries Undertakings given to Alleged Abusers

Posted on by gerambo

By Brian Hennessy

THis is the 2nd of 3 articles on the Comboni Missionaries’ Code of Conduct as regards allegations of sexual abuse by clerics.

The Undertakings Given in the Code of Conduct to the Accused of Alleged Abuse.

1. The Code states that the Institute guarantees an accused confrere a fraternal, respectful and understanding hearing.

It provides him with adequate moral, spiritual and psychological support through a competent person who, at the various stages of the process, can also act as an intermediary between him, the confrere in charge of the inquiry, and/or the investigating team and the superiors.

2. The Code states that once the inquiry has been formally opened, the confrere under investigation – except when there is well founded reason to fear grave scandal or risk for the victim and/or witnesses – must always be immediately informed, so that he may defend himself or, if he pleads guilty, begin immediately upon the process of reparation of the harm done and the journey of personal healing.

3. The Code states that during the inquiry, the Institute may offer the person under investigation spiritual and, if requested, also psychological support.

If there is proof of a fumusveri facti, among the precautionary measures available is the possibility of the provincial superior’s obliging the person under investigation to stay in a specific community (cf. CIC 1722).

4. The Code states that while the truth of the facts is being checked, to allow the inquiry to proceed calmly and offer protection to the accused and the other persons involved, the provincial superior may make the following provisions regarding the accused:

• his temporary transfer to another mission or some such appropriate place;
• his prohibition from any contact with the alleged victim to prevent this person from being placed under duress in any way;

5. The Code states that first expression of the Institute’s care for the accused is to give him a fair hearing. Basically, what inspires the Institute here is the search for truth and justice.

Aware that attention to the person is part of the Institute’s style of life, the Institute focuses its action on the good of the person involved, including during the inquiry intended to discover the truth and re-establish justice.

6. The Code states that while well aware that sexual abuse against minors, committed by priests and religious, besides being a grave injustice against the victims, undermines the faith of the people and the credibility of the Church, the Institute does not neglect its clear duties and rights vis-à-vis its own members accused of improper behaviour.

These duties and rights include the requirement of giving them proper attention at the moral, psychological, spiritual and legal levels.

7. The Code states that when the accused is proved innocent, the Institute has the right to request full retraction and reparation from the person or persons who has committed calumny against him.

The competent superior will decide what procedure is to be followed, including if necessary referring the matter to the civil authorities, always though having the good of the persons involved as his first concern.

8. The Code states that when the innocence of the accused has been proven, the Institute will do everything in its power to re-establish the good name of the person who has been falsely accused and, as part of a pastoral approach intended to help the Christian community to grow, it will determine all the acts necessary to effect this reparation.

9. The Code states that when the accused has been found innocent, the Institute will determine:

(a) the ways in which the person or persons who have falsely accused him must repair the harm done (cf. for example CIC 1390, 220, 128);

(b) the reestablishment of the full honour of the person calumnied;

(c) the ways in which to walk with the community in its journey of mercy towards those who have made the false accusations and to manifest full ecclesial communion towards the wronged confrere.

10. The Code states that when the accused has been found guilty of having committed some abuse, he will be urged to accept his responsibility and face up to the consequences of his actions, but will also inviting, in a fraternal manner, to correct his ways.

11. The Code states that once the guilt of the person under investigation has been proven and the judicial sentence passed, the Institute is required to carry out the sentence imposed by the Congregation for the Doctrine of the Faith.

In doing this, the Institute authoritatively proposes to the religious, as one of the necessary means to resolve the situation, a process of serious spiritual and therapeutic accompaniment.

The religious is invited to accept this proposal in a spirit of obedience.

Should he not do so, the competent superior will provide for assigning the guilty confrere to a community where he is protected and prevented from repeating the same illicit acts.

Any recidivism calls for the application of the directives of CIC 1395.

12. The Code states that any decision to transfer the guilty confrere to a new place and post, and/or to refer him for suitable therapy, is determined on the basis of the various elements and circumstances of the case, such as:

(a) the type and gravity of the abuse in question;

(b) the psychological assessment of the person, with indications about his capacity to respond to therapy, and any prognosis of recidivism;

(c) the danger of his having access to other future victims;

(d) the availability of appropriate measures to safeguard the persons concerned.

13. The Code states that when the investigation has proven the confrere to be guilty, the directives of CIC 1311-1399 are to be followed in choosing and applying the penalties.
14. The Code states that the dismissal of a guilty confrere from the Institute and clerical state will only be done as the last resort and in full observance of the relevant dispositions of the CIC (for dismissal from the Institute, 694-704; for dismissal from the clerical state, 290).

Bearing in mind that CIC 1317 determines that “dismissal from the clerical state cannot be established by particular law”, the norms contained in the present code of conduct refer strictly to the dispositions contained in CIC 1364, 1367, 1370, 1394, 1395.

15. The Code states that when provision must be made for dismissal from the Institute of a confrere in perpetual vows (see also nos. 82 §2, 87, 112 and 132 of this document), the Institute is open to considering the possibility of helping him, including financially.

The norms that follow may be used analogously with regard to confreres who have freely chosen to leave the Institute.

16. The Code states that while bearing carefully in mind that the choice of life as a Comboni Missionary is the response to a vocation, and cannot thus in any way be compared to any form of employer-employee relationship (CIC 702; RV 161), the province in which the confrere is incardinated may consider the possibility of helping him as he enters upon his new state of life.

Every province, therefore, in its own directory, lays down in practical terms the ways in which it intends to offer such help, taking account of the average standard of living of people in the country in question.

Following the relevant dispositions of the directory, the provincial council decides what is to be done in each individual case.

17. The Code states that only the province where the confrere plans to settle – chosen by him between his province of origin and the one where he has been carrying out his missionary service – is competent to manage the matter of his dismissal; it is thus strictly forbidden that a confrere who has been dismissed or who has chosen to leave should receive help from other provinces.