Bernard McGrath

In 1974, McGrath completed his training and was transferred to Marylands School, Christchurch for children with learning and behavioural difficulties. McGrath worked as a dormitory master and teacher and would later allege a culture of violence, fear, sexual abuse and concealment. The prior at the school was Brother Roger Moloney, who would also later be convicted of child sexual abuse.[5][6]

McGrath later told police that Moloney had threatened McGrath's progress in the order unless he acceded to sexual demands made of him. Sexual contact occurred between McGrath and Moloney.

In April 1977, Brother Brian O'Donnell approved Brother Moloney's nomination of Brother McGrath as sub-Prior of the Christchurch community.

In mid-1977, the provincial of the order, Brother Brain O'Donnell, received two written complaints about McGrath and Moloney offending against children. O'Donnell told police he considered the letters were "a malicious attempt to have the two brothers removed." O'Donnell said he destroyed the letters "because of the harm they could do."

On 3 September 1977, despite knowledge of this offending, O'Donnell transferred McGrath to Australia and later to Kendall Grange, another school for disadvantaged children.

Ten days later, Moloney was transferred to Rome, where he worked for a year as a pharmacist in the Vatican. O'Donnell travelled to Christchurch in October 1977 but made no attempt to investigate the allegations. O'Donnell rote to Moloney and told him "after careful enquires into the allegations made...I am convinced they were completely unfounded."

Also in 1977, Brother Timothy Boxall received a phone call from a sister who worked at the nearby hospital saying McGrath was sexually abusing boys. Boxall alleges he passed on the allegation to Brother Brian O'Donnell.

Brother Bernard McGrath and Brother Rodger Moloney, Marylands, Christchurch

In 1981 McGrath became headmaster of Kendall Grange, a boarding school for boys aged between 8 and 15 who suffered from behavioural, emotional or intellectual problems. The brothers of the order ran the school with the assistance of lay staff.

Around 300 boys lived at the school, housed in dormitories. Between four and ten brothers resided at Kendall Grange at any one time and a brother was allocated to a dormitory or section and was directly responsible for the care and welfare of the boys under his supervision.

McGrath was in charge of red section and assumed the role of prior principal. He held this role between 1980 and 1986, which was the period that saw the majority of his offending. McGrath sexually abused scores of children at Kendall Grange, including Jason Van Dyke.

Despite knowledge of his sexual abuse of children at Marylands and Kendall Grange, in 1986, McGrath left Kendall Grange to establish Hebron Trust, a residential program in Christchurch for troubled teenagers and young adults. As the sole brother responsible for the operations of Hebron Trust, McGrath had direct contact with the District Police Commander's Office and Youth Aid.

In 1991, two social workers complained to the order's leadership that McGrath was making sexual advances towards four children in their care. When they received no response, they reported their suspicions to Christchurch police.

28 victims, most under 18 years old, reported to the Order that they had been abused by McGrath during their time at Hebron Trust. [7]

In 1992, Jason Van Dyke's mother, Janice, personally reported her son's sexual abuse by McGrath to Brother Joseph Smith. Smith admitted he had received another complaint about McGrath six months earlier but assured Janice "Don't worry, we are dealing with it."

In October 1993, former Marylands student Brian Uttinger reported that Brother Rodger Moloney had sexaullat abused him.

In December 1993, the mother of a boy who attended Marylands in the 1970's had written to Cardinal Thomas Williams, Archbishop of Wellington, saying that her son had been sexually assaulted throughtout the entire two years he had been at the school.

Cardinal Williams passed this information on to the Bishop of Christchurch, Bishop Meeking, who asked Brother Joseph Smith to "write to the person concerned indicating you have received it from the Cardinal and that the matter is being dealt with."

In December 1999, another victim disclosed that Brother McGrath and Brother Moloney had sexually abused him at Marylands.

In December 2001, a survivor told Christchurch priest Father Paddy Cahill he had been sexually abused. Cahill met with Brother Burke to discuss the allegation.

On 23 December 1993, McGrath pled guilty and was sentenced in the High Court of New Zealand to three years' imprisonment. While serving this sentence, he admitted offences upon three more students from Marylands. He also participated in the Kia Marama Sexual Offenders Program in Rolleston Prison.

In 1995, he was granted parole and started his own cleaning business. He also commenced a psychology program through North Carolina University.

During 1995, Jason Van Dyke made a statement to Chatswood police alleging that McGrath had sexually abused him at Kendall Grange between 1982 and 1983. McGrath was extradited to Australia and on 30 January 1997 pleaded guilty to all six charges relating to Van Dyke. McGrath was sentenced to nine months' imprisonment. In October 1997, McGrath was released from jail and returned to New Zealand and was discharged from the St John of God order.

Following publicity around McGrath's conviction, more allegations emerged and in 2003 and McGrath was again arrested by Christchurch police. He agreed to a six-hour interview with Detective Sean Buckley. The arrest resulted in a number of charges and an indictment containing 54 counts of sexual abuse upon multiple complainants.

During that time, five other members of the order, Brother Roger Moloney, Brother Raymond Garchow, Brother William Lebler and Brother Rodger Mount all faced child sexual abuse allegations.[11][12]

In 2006, McGrath was found guilty on 21 charges of child sexual abuse against nine victims aged between 7 and 15 years old. He was sentenced to five years' imprisonment.[13] In 2008, as McGrath was released on parole, Brother Roger Moloney was sentenced to two years and nine months on seven counts of sexual abuse of children at Marylands.[14]

Following the devastating Christchurch earthquake, McGrath moved to Ashburton and took on the role of care-taker for a 20 acre farm. He then set up a tea business and travelled to Sri Lanka.

In late 2010, Strike Force Lozano was established by NSW Police to investigate more allegations of child sex abuse at Kendall Grange. Detective Darren Webster led the investigation and by the end of 2011, had a significant brief on McGrath and Brother John Clegg. Other brothers who allegedly committed other offences at the school were deceased or deemed unfit to be tried. In 2012, McGrath was charged again in relation to the new Kendall Grange allegations.

In 2012, Interpol put out an extradition request for McGrath, who travelled from Sri Lanka to Christchurch. He appealed his extradition to Australia and continued to fight in the courts for two years. The New Zealand High Court finally dismissed the appeal and on 23 December 2014 he was extradited to Australia.[15]

As McGrath arrived in Australia, Brother Rodger Mount was deported from Papua New Guinea. He was arrested by Australian police on arrival, facing charges from four victims.[16][17]

On 16 May 2017, McGrath's fourth trial began in the District Court of New South Wales. He was arraigned before an expanded jury of 15 on an indictment containing 129 counts, principally of a sexual nature against 15 victims. Due to the high number of complainants, the trial was split into two.

On 16 February 2018, McGrath was sentenced to 33 years' imprisonment for 64 offences against 12 boys at Kendall Grange.[18] The second trial began in 2019 and he was sentenced to a further 29 years' imprisonment for offences against 15 boys at Kendall Grange.[4][19]

In her sentencing remarks, Judge Sarah Huggett said that she had "no doubt at all that systemic abuse of children at Kendall Grange was taking place during the period of McGrath's offending".[20] Hugget also said: "I found the offender to be a most unpersuasive, manipulative and unconvincing witness" and "not a witness of truth". She added: "The undeniable fact remains that this offender knowingly engaged in a deliberate course of prolonged and serious sexual abuse. He completely disregarded and exploited the powerlessness and vulnerability of his victims for his own motivations. He appreciated the wrongfulness of his conduct and on many occasions used techniques to secure a victim's silence. The offender as an educated adult must have appreciated the harm at least his more serious offences were causing. Yet he acted with complete disregard for those inevitable consequences...it must be remembered that he committed so many offences upon 12 victims over many years. He was a predator and there was no sign he was stopping as he moved from one victim to the next."

On 29 April 2013, Brother Timothy Graham, the provincial of the Hospitaller Order of St John of God, Oceania province, gave evidence before the Victorian Parliamentary Inquiry Into The Handling of Child Abuse by Religious and Other Organisations. He was asked about Brother Brian O'Donnell, the provincial of the order in 1977. O'Donnell was quoted as saying that "... no allegations of sexual misconduct involving brothers ... was ever documented and would be held in archives. This practice was followed in order to deal with the situation in its actual context without compromising the good name of the person in the future. By that I am referring to the brother against whom the allegation had been made." O'Donnell was also quoted as saying "... I made mention in my earlier statement to police that the attitude within the order was one of reacting to a religious failing to keep his vow of chastity. We were dealing with a sin rather than a crime. The attitude was that a sinner can repent and be forgiven and give up sinning."

O'Donnell's police statement makes reference to his decision to move McGrath and Moloney in 1977: "... as a result of the number of allegations received in and around this time that I as provincial saw the need for a clean-out at Marylands, Christchurch. It has also been suggested that McGrath and Moloney were moved on because of the sexual allegations and that I put Brother Timothy (Boxall) in as Prior to bring about necessary changes. This is in a sense correct."

The commission were unable to conduct a public hearing into the order because of the risk of prejudicing the trials of Bernard McGrath and Brother John Clegg. Clegg was found guilty in 2015 of multiple offences against boys at Kendall Grange.

The commission held private hearings from survivors and families who suffered as a result of the order.

As part of the investigation into abuse in the care of the Catholic Church, the New Zealand inquiry will investigate the nature and extent of the abuse that occurred at Marylands School, Christchurch.[26][27] One accuser, Donald Daniel Ku, would testify before the Commission in February 2022, claiming that McGrath sexually abused him in 1963 while he was a student Marylands School and also put him in a coffin containing a dead body.[28] Other accusers who were former students at Marylands School would testify before the Commission as well.[28]

In early August 2023, The Royal Commission of Inquiry into Abuse in Care's interim report identified McGraw as a "prolific abuser" at Marylands School. McGraw had served at Marylands School for four years before being transferred to Kendall Grange boys home near Newcastle.[29]