Marist Brothers' law firm subpoenaed over advice to keep abuser out of 'legal arena'
A 2009 letter from Carroll & O'Dea advising the Marist Brothers to keep serial offender Brother Kostka Chute away from legal processes has halted a civil trial in the ACT supreme court.
At a glance
- Lawyers for the Marist Brothers were subpoenaed over a 2009 letter advising the order to keep abuser Brother Kostka Chute out of court.
- Carroll & O'Dea told the ACT supreme court it must stop representing the Marist Brothers, halting the trial.
- Survivor CQ alleges Chute abused him at Marist College Canberra in 1985 and 1986 and that the order hid complaints, which it denies.
Lawyers from Carroll & O'Dea, the firm representing the Catholic order the Marist Brothers, have been subpoenaed to explain a once-confidential 2009 letter in which they advised the order to keep a serial child abuser out of "the legal arena", the ACT supreme court has heard.
The document was resurfaced this week in a civil case brought by a survivor known as CQ, who alleges he was abused by Brother Kostka Chute, also known as John William Chute, in 1985 and 1986 at Marist College Canberra, and that the order knew of complaints against Chute but concealed them. The Marist Brothers deny the claim.
Chute has attracted abuse complaints relating to Marist schools in Randwick, Bondi, Hunters Hill, Lismore, Coogee and Canberra. At the time of the letter he was in jail for abusing six children.
What the letter said
Carroll & O'Dea lawyers wrote to the then head of the Marist Brothers, Br Jeffrey Crowe, after visiting Chute in a Canberra jail. They said he was in "good form" but was "regrettably quite up front" about discussions with provincials over the years, naming Br Charles, Br Quentin and Br Weldon.
"Trouble is fundamentally he has high honesty and integrity levels and all of my 'suggestions' about not dumping on others excessively go out the window pretty quickly once there is a conversation under way," the letter said.
The lawyers described Chute as not being a "classic predator" but a "good man with a fair bit of self-discernment", and advised: "We would need to keep him well away from the legal arena upon release."
They had gone to see Chute to work out whether the Marist Brothers might be liable for civil claims over his abuse or whether the Catholic church's insurance arm would indemnify the order, a question that turned partly on whether it had prior knowledge of his offending.
Trial halted
Porters Lawyers, acting for CQ, subpoenaed two Carroll & O'Dea lawyers to give evidence. The court heard the move could raise issues of alleged professional misconduct, requiring those lawyers to have their own legal representation.
On Wednesday, Carroll & O'Dea told the court it would have to stop representing the Marist Brothers, halting the trial. The court heard another matter involving allegations against Chute might also be delayed. Guardian Australia understands 15 cases against the Marist Brothers involving Chute are under way, with Carroll & O'Dea representing the order.
The Marist Brothers said it could not comment because proceedings were ongoing. A spokesperson said the trial is expected to resume "either later this year or in early 2027".
Senior Marist Brothers have previously said the letter formed part of a chain of correspondence written amid "serious doubts" about what Chute was claiming. The child abuse royal commission examined the letter in 2014 and decided not to call its author. Crowe told the commission he agreed it gave the impression Chute was "some liability", while saying there were serious doubts about Chute's evidence. The commission found the order had moved brothers between its Australian schools when complaints arose, giving them continued access to children.
Carroll & O'Dea was approached for comment.
Source: The Guardian World.
Questions and answers
- Why have Carroll & O'Dea lawyers been subpoenaed?
- A survivor known as CQ has asked the ACT supreme court to subpoena two lawyers from the firm to explain a 2009 letter advising the Marist Brothers to keep serial offender Brother Kostka Chute away from legal processes.
- What did the 2009 letter say about Brother Kostka Chute?
- Carroll & O'Dea described Chute as "regrettably quite up front" about talks with provincials and said he had "high honesty and integrity levels", advising: "We would need to keep him well away from the legal arena upon release."
- Why has the Marist Brothers trial been delayed?
- Carroll & O'Dea told the court it had to cease representing the Marist Brothers because subpoenas to its own lawyers created a conflict of interest. The order expects the trial to resume later this year or in early 2027.
