Retired priest avoids jail for Neerim South charges Bishop responds

A retired Catholic priest was sentenced to a suspended jail term after pleading guilty to indecent assault charges that occurred at Neerim South 40 years ago.

Fr Bernard Mahony, 75, pleaded guilty in Latrobe Valley Magistrates’ Court on Friday to two charges of indecent assault involving two sisters aged 13 and 17-years-old at the time.

The charges related to incidents between 1978 and 1981 while Fr Mahony was parish priest at St Ignatius’ Catholic Church, Neerim South. At the time he also was chaplain at Marist-Sion College where one of his victims had attended school.

But Magistrate Rodney Higgins said if it was not for Fr Mahoney’s guilty plea, he would have sentenced him to a term of imprisonment.

Mr Higgins ordered Fr Mahony serve a total six months imprisonment for the two charges, but wholly suspended the two terms for two years. He also will be placed on the sex offender’s list for 15 years

Prosecutor senior constable Marie Fidone said Fr Mahony’s actions were a “double betrayal” because “he wasn’t only the parish priest but a close family friend.”

She said he had re-offended over a period of time “for his own gratification” and admitted he had interactions with the family as a priest and school chaplain.

Mr Higgins said the victim impact statements read to a closed court on Friday were “painful and very moving.”

He said the incidents had occurred in a “situational context” and there had been no deviant behaviour by Fr Mahony.

“It will be a severe consequence of his actions that he is placed on the sex offenders’ list for 15 years.

“It does not matter what sentence I give today it will not ease the pain of the victims and I recognise that.

“It’s an historic indecent assault of some 40 years ago and there has been no criminal behaviour before or since.

If it was not for Fr Mahony’s guilty plea, Mr Higgins said he would have imposed a 12 month jail sentence.

The charges related to offences over a three year period, involving two sisters who were part of Fr Mahony’s parish.

The court was told Fr Mahony would regularly hold hands with the younger sister, touch her on the leg, and kissed the girl on her cheeks and lips.

“She found it creepy and it made her feel uncomfortable,” sen const Fidone said.

On one occasion when the victim was helping to pack-up after mass, the court heard Fr Mahony placed his body against her, was kissing her face and hurt her.

The court was told the 17-year-old victim was struggling with university and city life when she stopped in to see Fr Mahony on her way home one weekend.

She felt Fr Mahony was the only person she could confide in.

The court heard Fr Mahony forced her to sit on his knee and started kissing her passionately. “She felt suffocated.”

Sen const Fidone said Fr Mahony regretted his action. “She was a kid in need at the time and I wasn’t able to help her,” he said.

Both victims participated in the Royal Commission into Institutional Responses to Child Sexual Abuse.

Sen const Fidone said one of the victims had not had children because of the ongoing impact of the offences.

“There is a community expectation that offences of this kind where there has been trust in the clergy, must be denounced,” she said.

The court heard Neerim South was Fr Mahony’s first position where he had sole control of a parish and he endured “isolation, loneliness and immaturity.”

Defence barrister John Marquis said the charges were serious and were a breach of trust.

He said a psychological report acknowledged Fr Mahony had displayed no evidence of deviant behaviour and was at low risk of reoffending.

Mr Marquis said the offences were at the “lower level of seriousness” and he regretted his actions.

“He does have a sense of shame that he can’t undo,” he said.

Fr Mahony was ordained in 1966 and served at parishes throughout Gippsland including Sale, Morwell, Bairnsdale, Yarram and Pakenham.

Sale Catholic Diocese Bishop Pat O’Reagan said the diocese continued to be shocked and saddened by on-going revelations of indecent acts by clergy members.

Responding on Friday after the Latrobe Valley Magistrates’ Court convicted retired priest Bernard Mahony of indecent assault offences, Bishop O’Regan said the church was deeply disappointed by the matter.

He said he placed Fr Mahony on administrative leave as soon as the charge was brought to his attention and Fr Mahony had not engaged in any public ministry while the matter was processed.

“As a diocese we continue to be shocked and saddened by the on-going revelations of matters of this nature and appreciate that every incident must be brought to our attention if we are to genuinely atone for the harm that has been done over many decades.

“Support is available for any victim through a range of avenues, including Towards Healing and the Diocesan Professional Standards Office. We also work with legal representatives of victims to provide information as requested,” Bishop O’Regan said.