VPOL.0017.017.0060_E

811' October 1997

The Editor Sunday Herald Sun Herald & Weekly Times Tower Southbank VIC 3000

Dear Sir,

I wish to respond to the quite inaccurate suggestions that senior police prevented the late Monseigneur Day of Mildura from being prosecuted for molesting children.

Over a period of time in 1971, Detective Senior Constable Ryan interviewed a number of young men and two young women who indicated Day had molested them as youngsters between 1957 and 1966, whilst he was the parish priest.

Day was then interviewed by two experienced members at the direction of the District Superintendent, specifically in relation to five of these people, but denied the offences.

Further statements from Day were also taken by senior police who were called in to oversee the investigation because of its controversial nature.

As a result of the investigation a brief of evidence was submitted against Day for multiple child molesting offences to the Crown Law Department.

The Solicitor-General, in April 1972, with some reluctance, agreed with legal advice provided to the Chief Commissioner that there was insufficient evidence for the matters to proceed to trial.

The Solicitor General was of the opinion that a judge would be unlikely to allow the matter to go to a jury because of a number of reasons. Firstly, under the law of the day separate trials would have been necessary, secondly, there was a 5 to 14 year period of time that had elapsed between the offence and when reported and thirdly, there was a lack of corroboration together with denials by Monseigneur Day.

VPOL.0017.017.0061_E

However, in his report the Solicitor-General wrote: "I trust that the authorities in the Church, will realise that the decision not to

prosecute, does not arise from any conviction that the allegations were unfounded Having regard to the similarities of the various accounts, there w011ld appear to be little room for doubt that Day misconducted himself."

The senior officer of the investigation conveyed those comments to the Archbishop of Melbourne through the Dean of St Patrick' s, and personally informed the Bishop of Ballarat Diocese. The Government of the day was also informed of the outcome of the investigation.

Therefore to suggest that senior police covered up the behaviour of Day and failed to investigate the complaints is untrue.

Allegations of misconduct by Detective Senior Constable Ryan against a colleague were also investigated and the member was subsequently charged at a discipline hearing. The inquiry also found that the compatibility of serving ClB members in Mildura was poor and impacting on the efficiency of the service.

As a result it was decided that both Snr Constable Ryan and his senior colleague would be transferred out of Mildura. On 16lh May 1972, Ryan was instructed to transfer to Russell Street CIB. He tendered his resignation on the 18th May 1972 effective from 3rd June 1972.

It is worthy of comment that Ryan had a commercial interest in the District, and as early as Febrnary had given consideration to resigning.

While it may be said that this incident and the circumstances smrounding it may have prompted the early resignation of Ryan, it cannot be said that he was forced to resign. The choice was his.

In relation to Mr Baddeley, it is disappointing that he chooses to speak without full knowledge of the circumstances, and that he felt so insecure that he couldn't speak to senior officers. If he had evidence of matters that were not investigated at the time, he had an obligation to produce it.

Wayne Jones' article is not totally accurate in his criticism and comments of senior police, nor is your editorial which suggests senior police and others have closed ranks to protect the Catholic Church. Mr Jones was informed by our Media Office of the Solicitor General's decision, however chose to ignore this important part of our response.

The Victoria Police Force has an excellent record of exposing paedophilia and sexual ' abuse of children in similar circumstances and have been supportive of victims and

damming of perpetrators, including priests,

Yours sincerely,

Neil O'Lougblin Deputy Commissioner (Policy & Standards)