Petition updateRoyal Commission call Mr Peter Dutton MP & others to testify in Sex Abuse Case Study 34Allegation of Perjury by Mr Bernard Yorke in RC Case Study 34
Lynch VictimBrisbane, Australia
Oct 9, 2016
Allegation of an act of perjury committed by witness Mr Bernard Yorke who gave written and oral testimony in Royal Commission Case Study 34. Victims in Case Study 34 allege that the legal brief and presentation of evidence in Royal Commission Case Study 34 has been poorly constructed and presented by Mr David Lloyd, as Counsel assisting the Commission. Victims accept the Royal Commission’s case load has been enormous to say the least and that at times crucial evidence may have been easily missed and or overlooked. For victims to have confidence in the ability of the Royal Commission to hear the full truth, it is alleged by victims that Mr David Lloyd should never have been given the case brief in the first instance. Mr Lloyd as Counsel assisting had only just concluded the Geelong Grammar Case Study 32, on the 23 October 2015. He therefore would not have had adequate time to fully prepare the complex case brief within 6 working days given the fact Case Study 34 commenced on the 3 November 2015. It has become apparent to victims that there has been a litany of glaring fundamental errors in Case Study 34. At the very outset a victim’s brother shouted from the Public Gallery, as per published transcript testimony point 9-12 of ( C11962), “SPEAKER FROM THE PUBLIC GALLERY: Mr Sofronoff, weren't you the lawyer that my brother and I went to for litigation advice 15 years ago when we first wanted to take on Grammar?” Justice Jennifer Ann Coate’s as the presiding member, it is alleged by victims should have immediately adjourned the case hearing in Case Study 34 that commenced on 3rd November 2015. Adjourning the case hearing on the 3rd November 2015 would have allowed for more detailed clarification and examination in respect of Mr Sofronoff’s possible conflict of interest that may prejudice the case, in continuing to legally representing Brisbane Grammar School and or other witnesses in Case Study 34. Notwithstanding the serious allegation made from the public gallery by a victim’s brother on the 3rd November 2015, recent evidence in the form of the Kimmins Inquiry Report 1998, has emerged. Mr Walter Sofronoff represented New Corporation Ltd (Courier Mail) and Mr Michael Ware in that inquiry, conducted by Mr J P Kimmins and therefore victims claim a new conflict of interest has arisen. This is particularly pertinent as Mr Ware was one of the leading journalists for the Courier Mail who broke the story about Nigel Parodi resulting in scores of victims collaborating Nigel Parodi’s allegations soon after his horrific death, (incidentally Mr Ware attended Brisbane Grammar School, leaving in year 12, at the end of 1986) and had made previous allegations that former Queensland Police Commissioner Terry Lewis held a “Dirt file.” (As per Terms of Reference 1 of Kimmins Inquiry). It is highly relevant to Case Study 34 that such allegations of the existence of a “Dirt File” would surface in August 1997, by allegations made by Michael Ware, not so long after the death of former school counsellour Mr Kevin Lynch in January of that year. Victims allege once new testimony and evidence is considered by the Royal Commission, it will be found that Terry Lewis was not in fact the keeper of the alleged “Dirt Files,” as originally alleged by Michael Ware. In fact as per Kay McGrath’s interview with Terry Lewis on 13 August 2015, a month prior to the announcement of Case Study 34 victims allege and believe Terry Lewis was in fact setup by Tony Fitzgerald QC, as per the claim by Terry Lewis in this televised interview. Mr Bernard Yorke as CEO of the Supreme and District Courts of Queensland at the time of the Fitzgerald Inquiry in 1987 would know perfectly well why Terry Lewis is in fact telling the truth and why Mr Yorke acting as Administration Manager for Anglican Diocese of Brisbane and Tony Fitzgerald QC settled the relevant claims on behalf of St Paul's in 2002. Victims accept the Kimmins Inquiry at the time did not substantiate the “Dirt File,” allegation by Mr Michael Ware, but it would be wholly inappropriate for Mr Walter Sofronoff to be acting in Case Study 34, if eventually it were found that one of the missing “Dirt Files” was in fact a file on the perpetrator Kevin Lynch. It would therefore be a total injustice to victims and prejudicial to the case for Mr Walter Sofronoff to be anywhere near representing Brisbane Grammar School in Case Study 34. For that very reason alone victims respectfully request that the Royal Commission acquiesce the demands of victims and immediately call a second hearing in Case Study 34, as per the outstanding petition by victims. As there is an allegation that can be corroborated by new evidence in the form of the 2003 St Pauls review that contradicts Mr Bernard Yorke’s testimony, victims respectfully request that the Royal Commission publicly declare the holding of a further hearing in Case Study 34. At a further hearing new evidence can then be accepted, a number of witnesses be re-called including Mr Bernard Yorke to answer the allegation he committed an act of perjury and new witnesses relevant to Case Study 34 be called to testify. Victims in Case Study 34 assert that It would now be entirely inappropriate for Commissioner Bob Atkinson to remain as a Commissioner on the board of the Royal Commission into Institutional Response of Child Sexual Abuse. This is in view of the fact that victims assert that Terry Lewis is now highly likely once evidence and testimony is given to be found to be telling the truth in his interview with Kay McGrath. Mr Bob Atkinson on his retirement as Queensland Police Commission accepts he was due to be one of the first witnesses to be called by Tony Fitzgerald QC in the Fitzgerald Inquiry and in a statement to the Crime and Corruption Commission worked extensively in the JAB and in senior managerial positions in the 1990’s that would cover the period of the Kimmins Inquiry. It begs the question who was not telling the truth during the Fitzgerald Inquiry? This is not to be disrespectful to Commissioner Bob Atkinson one way or the other, but all victims want is the truth and nothing but the truth. Victims extend a warm Thank You! to all those victims in Case Study 34 who have now come forward and helped with the inquiry to establish the truth in this horrific case study. This is in order for victims to better understand why so many former students who attended such prominent and respected schools have ended up so damaged. All victims in Case Study 34 urge any victim who may not as yet have had the courage to come forward to do so. Victims as part of formal disclosure in a further Case Study 34 hearing will be petitioning for the Royal Commission to now extend the timescale for victims to register with the Royal Commission in Case Study 34. Victims further direct the Royal Commission to issue a formal statement that they will now immediately extend the deadline for victims in Case Study 34 for any victim to continue to come forward and register with the Royal Commission. Victims are also exceedingly concerned about the safety and well-being of all those victims and families involved in this horrific case study, as there have already been significant number of related deaths. Victims in Royal Commission Case Study 34 therefore respectfully request that the Commission accept as new evidence the published documents and telecast interview known as : 1. Queensland. Board of Inquiry into Past Handling of Complaints of Sexual Abuse in the Anglican Church Diocese of Brisbane & O'Callaghan, Peter, (chair.) & Briggs, Freda, (board member.) 2003, Report of the Board of Inquiry into past handling of complaints of sexual abuse in the Anglican Church Diocese of Brisbane, [Brisbane] [The Board] http://trove.nla.gov.au/work/9856254 2. Inquiry into Allegations of Misconduct in the Investigation of Paedophilia in Queensland, Kimmins Report 1998. 3. Statement of Commissioner Robert Atkinson APM 24 September 2010 to Crime and Corruption Commission www.ccc.qld.gov.au/research-and-publications/publications/.../exhibit-137.pdf 4. Kay McGrath interview with Terry Lewis on 13 August 2015. “Terry Lewis breaks his silence” “Terry Lewis opens up tonight 7 News Queensland about bribery and corruption pre the Fitzgerald Inquiry. It's the first time he's spoken since his release from jail in 1998. Extended interview 7pm 7TWO Saturday.” This interview with Terry Lewis was recently a Clarion award winner. There are a number of other relevant documents victims would like tendered as evidence in Case Study 34, once victims have an assurance from the Royal Commission that they will now work collaboratively with victims by agreeing to hold a second case study 34 hearing and for Commissioner Bob Atkinson to immediately tender his resignation.
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