From the Guardian · · 2m
Law firm's advice to hide abuse offender from court
Carroll & O'Dea told Marist Brothers to keep a serial abuser away from legal processes, raising questions about the firm's conduct.
In brief
Carroll & O'Dea told Marist Brothers to keep a serial abuser away from legal processes, raising questions about the firm's conduct. Lawyers for the Marist Brothers advised keeping a serial child abuser out of legal proceedings because he might implicate senior church officials, prompting a survivor to seek subpoenas…
Lawyers advised hiding abuse offender
Carroll & O'Dea told the Marist Brothers to keep serial offender John William Chute away from legal processes after his release from jail.
The reason: he might tell the truth
The lawyers said Chute had high honesty and integrity levels and would implicate senior church officials if allowed near the legal arena.
“Regrettably quite up front about various discussions with Provincials over the years”
The 2009 letter surfaces in court
A survivor known as CQ, who alleges abuse by Chute in 1985 and 1986 at Marist College Canberra, resurfaced the once-confidential letter in ACT supreme court.
Why the lawyers visited Chute in jail
Carroll & O'Dea visited Chute in Canberra's jail to determine whether the Marist Brothers would face civil liability or be indemnified by church insurance.
The lawyers' assessment of Chute
The letter said Chute was in good form and not a classic predator, but a good man with self-discernment who could not be trusted to avoid implicating others.
“We would need to keep him well away from the legal arena upon release”
Chute's history of abuse across schools
Chute is a serial offender who attracted abuse complaints across Marist schools in Randwick, Bondi, Hunters Hill, Lismore, Coogee and Canberra.
Subpoenas force law firm to withdraw
CQ's lawyers subpoenaed two Carroll & O'Dea lawyers to explain the letter, forcing the firm to withdraw from representing the Marist Brothers due to conflict of interest.
Trial halted, cases delayed into 2027
The trial stopped abruptly on Wednesday. The Marist Brothers expect proceedings to resume either later this year or in early 2027. Fifteen cases involving Chute may also be delayed.
What it means
Lawyers for the Marist Brothers advised keeping a serial child abuser out of legal proceedings because he might implicate senior church officials, prompting a survivor to seek subpoenas and forcing the law firm to withdraw from the case.
