THE former president of St Stanislaus’ College will face additional charges in relation to an alleged paedophile ring at the school.
In a dramatic day, the former Vincentian brother and principal Peter Dwyer, 65, who is now a priest at Armidale, was surrounded by more than a dozen former students and members of St Stanislaus’ Parents and Friends as he arrived for the mention of his indecent assault case at Bathurst Court House.
As Dwyer’s matter was mentioned yesterday morning, the DPP made reference to fresh allegations to be laid at further mention of his matters in Sydney on December 22.
An application by lawyers representing former St Stanislaus’ priest Brian Joseph Spillane, 65, to subpoena police documents was put over until yesterday afternoon when Director of Prosecutions lawyer Beth Walker called on magistrate Thomas Hodgson to disqualify himself from the case.
Ms Walker claimed Mr Hodgson may have pre-judged the case in a preliminary discussion of hearing dates for matters to be heard over several weeks next year in Bathurst.
Mr Hodgson said that it was the first time in 19 years on the bench that the prosecution had ever called on him to stand aside.
As Mr Hodgson agreed to comply with the DPP request and disqualify himself, lawyer Greg Walsh - representing Spillane and former St Stanislaus’ bursar John Francis Gaven, 66 - distanced himself from the application, rejecting the grounds for Mr Hodgson to stand aside.
“I do not agree and do not support the application,” Mr Walsh said.
“The remarks [Mr Hodgson] made were in the context of the history of the case.”
Mr Walsh said Mr Hodgson had done nothing more than mention a request of the Chief Magistrate to make administrative arrangements.
It did not not mean Mr Hodgson had “come to a concluded view”, nor had Mr Hodgson “made a formal finding”.
Mr Walsh said the case away from the St Stanislaus’ College community would suit Ms Walker and the DPP, and went so far as to express his “outrage and disgust” that the matter would be transferred to Sydney improperly.
Crown solicitor Peter Singleton, who also appeared, said Mr Walsh had not challenged the fact that Mr Hodgson had made the remarks.
“There is no suggestion you have fixed your mind, or made a decision,” Mr Singleton said.
“[Mr Walsh] is attempting to suggest Ms Walker wants to have it in Sydney when there’s no basis for saying the deputy director wants it in Sydney.”
Mr Walsh’s applications before the court were for 12 subpoenas to get access to information about police witnesses in the allegations against the former college brothers and priest.
The matters have been referred by Mr Hodgson for further mention in the Downing Centre Local Court on December 19 for the court to give
further directions.
Outside court, Mr Walsh said the defence had been “ambushed” when it sought to subpoena information from police and the DPP.
“This is not over yet,” Mr Walsh said adding, “It may go to the Supreme Court.”
Mr Singleton left the court saying the “DPP came to Bathurst for a subpoena argument and didn’t have it”.
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