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LAWYERS DEFEND LEGAL SYSTEM CRITICISED BY AUSSIE JUDGE(New Zealand Press Association Via Thomson Dialog NewsEdge)Justice Rodney Madgwick, of the Federal Court in Sydney ruled against the extradition of two Catholic brothers accused of sexual abuse of young boys at a Christchurch school in the 1970s. Father Raymond Garchow, 59, and another man, 71, whose name is suppressed, date back to the 1970s are facing allegations of sexually abusing boys as young as eight between 1966 and 1979 at the Marylands Special School in Christchurch. Garchow faces four charges, and the other man 28. Justice Madgwick, said it would be ``unjust or oppressive'' to send the two members of the St John of God Order back to face trial given the differences between the two countries' legal systems and the delay in bringing the allegations. Justice Madgwick ruled that the differences in the New Zealand and Australian legal systems, and the length of time since the alleged crimes, would make it difficult for the men to receive a fair trial. ``On account of that ... that delay in bringing the allegations to the attention of the applicants would make it, as it seems to me, unjust or oppressive to surrender them.'' ``Such trials would occur without the guarantee of a strong warning by the judge to the jury as to the very real problems in meeting such old allegations. ``In Australia the applicants would have such a guarantee. Australian courts would not permit any such trial to occur without such a warning being given, however serious the charges.'' A Local Court magistrate in Sydney last year ordered their extradition to New Zealand, but the men asked the Federal Court to review that decision. Criminal lawyer John Miller told the New Zealand Herald that it was ``a nonsense'' to say there was such a difference between the judicial systems. ``The very nature of these types of cases is that they are going to be historical. The judge would direct the jury accordingly. I would think they would get a fair trial.'' Mr Miller said the New Zealand judicial system had a good reputation internationally. ``These comments are equating us to a banana republic. It's frankly out of touch.'' The president of the Canterbury Criminal Bar Association, James Rapley, told The Press there seemed to be an implied criticism of the New Zealand legal system. ``The judge saying they would not get a fair trial is most unusual,'' Mr Rapley said. It was common for such sexual abuse cases to be years old. Wellington lawyer John Langford said both countries had similar legal systems. ``It is quite bizarre to suggest that these people would not receive a fair trial in New Zealand,'' Mr Langford said. NZPA WGT ecm ob |