Toowoomba 2007/2008: A Catholic school did not report abuse allegations against a teacher to police; he continued abusing and was convicted of 44 offences against 13 girls

What happened to the people

Who was affected? Victims and numbers

1. On 4 October 2010 Gerard Byrnes was sentenced to ten years' imprisonment after pleading guilty to 44 child sexual abuse offences against 13 girls then aged eight to ten. Ten of the offences involved digital rape. Almost all were committed during class while the girls stood beside his desk at the blackboard or sat on his lap behind the desk. The school was one of 32 schools administered by the Catholic Education Office of the Diocese of Toowoomba; in 2007 Byrnes was one of the school's two student protection contacts.
   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4

   „On 4 October 2010, Gerard Vincent Byrnes was sentenced to 10 years’ imprisonment, including a non-parole period of eight years, after he pleaded guilty to 44 child sexual abuse offences against 13 girls who were then aged between eight and 10 years.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4

   „Ten of the offences were particularly serious and involved digital vaginal and anal rape.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4

   „were committed during class time while the girls were either standing beside Mr Byrnes’s desk near the blackboard or sitting on Mr Byrnes’s lap behind his desk“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4

   „was one of 32 primary and secondary schools administered by the Catholic Education Office, Diocese of Toowoomba (TCEO)“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4

   „In 2007, Mr Byrnes was one of two staff members at the school who had been appointed as student protection contacts by the principal“

How were they charged and sentenced?

1. In September 2007 a father told the principal that Byrnes had put his hand inside his daughter's shirt. The principal did not report this to police. At a meeting the girl had to demonstrate the teacher's conduct by pretending that her father was Byrnes and showing with his hands where she had been touched. According to the commission, there was no basis for this. The principal and an officer of the education office minimised the allegations by leaving the allegation that he had put his hands down a girl's pants out of the disciplinary letter and taking no other action.
   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5

   „Mr Hayes did not report the allegations made by KQ to the police.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5

   „Mr Byrnes had put his hand inside KH’s shirt“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5

   „KH was asked to ‘demonstrate’ Mr Byrnes’s conduct by pretending that her father, KQ, was Mr Byrnes and showing with her father’s hands where Mr Byrnes had touched her.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7

   „Mr Hayes and Mr Fry minimised the seriousness of the allegations they received by leaving out the ‘hands down the pants’ allegation from the disciplinary letter to Mr Byrnes and taking no other action.“

What happened to those affected?

1. Byrnes retired in June 2008 and from 30 July 2008 was re-engaged as a relief teacher at the school; according to the commission the principal sought and enabled this knowing of the allegations. Byrnes was not arrested until November 2008. In December 2009 Bishop Morris dismissed the principal and two officers of the education office. The principal was charged with failing to comply with the reporting obligation but successfully defended the charge.
   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7

   „Mr Hayes sought and enabled the re-appointment of Mr Byrnes as a relief teacher knowing of the allegations of child sexual abuse against Mr Byrnes.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7

   „Mr Byrnes was arrested in November 2008.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7

   „From 30 July 2008, Mr Byrnes was re-engaged as a relief or supply teacher at the school“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 8

   „On 10 December 2009, Bishop Morris terminated the employment of Mr Hayes, Mr Fry and Hunter.“

   Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 8

   „Mr Hayes successfully defended the charge“