Missing Evidence of Superannuation Documentation - Brisbane Grammar School Royal Commission Case Study 34. Submission Introduction 1. Victim of sexual predator Kevin Lynch repeat the request to the Royal Commission for a 2nd hearing in Case Study 34. The request has so far been ignored by the Commission. This is despite the overwhelming need in this complex Case Study for new evidence and witness statements to be tendered in order for the Royal Commission to adequately comply with the Commission’s own Terms of Reference. 2. Victims can point to significant and compelling evidence that appears to have been missed by the Royal Commission or is incomplete and a number of issues that have been overlooked in the haste to simply hold a hearing in November 2015. The Commission is yet to accept the Submission for a 2nd Case Study 34 hearing and victims find the current silence on this issue not in the spirit of the Royal Commission’s own Letters Patent. 3. It is an expectation of victims that the Royal Commission would offer the opportunity for all evidence to be considered. Without all the evidence and facts being actually presented and heard in Case Study 34, it is Submitted that any finally conclusions drawn in Case Study 34 would breach the Royal Commission’s own Letters Patent. 4. The fact that the Royal Commission has so far totally ignored victims request for a 2nd hearing in Case Study 34 there seems a need to reiterate a paragraph of the Commission’s own published Letters Patent granted by the Queen. AND it is important that claims of systemic failures by institutions in relation to allegations and incidents of child sexual abuse and any related unlawful or improper treatment of children be fully explored, and that best practice is identified so that it may be followed in the future both to protect against the occurrence of child sexual abuse and to respond appropriately when any allegations and incidents of child sexual abuse occur, including holding perpetrators to account and providing justice to victims. 5. It is argued by victims, now that some of the evidence, but not all has been presented in Case Study 34 that Brisbane Grammar School’s systemic failure to adequately review Mr Lynch’s reasons for leaving the School in late 1988 needs to be thoroughly scrutinized by the Royal Commission. 6. Attention should also be drawn specifically to points e, f and g of the Royal Commissions own published Letters Patent e. the experience of people directly or indirectly affected by child sexual abuse and related matters in institutional contexts, and the provision of opportunities for them to share their experiences in appropriate ways while recognising that many of them will be severely traumatised or will have special support needs; f. the need to focus your inquiry and recommendations on systemic issues, recognising nevertheless that you will be informed by individual cases and may need to make referrals to appropriate authorities in individual cases; g. the adequacy and appropriateness of the responses by institutions, and their officials, to reports and information about allegations, incidents or risks of child sexual abuse and related matters in institutional contexts; 7. In view of the proceeding paragraphs 1-6, victims would expect the Royal Commission to now accept and publicly declare the holding of a 2nd Case Study 34 hearing as a matter of public interest in complying with the Commission’s own Terms of Reference. 8. In clarifying certain issues pertaining to the conduct of Brisbane Grammar School in Case Study 34 and in particular Mr Howard Stack’s own conduct in view of the recent allegation that Mr Stack has committed an Act of Bribery, victims draw to the attention of the Royal Commission several documents that appear to be missing and incomplete in relation to Mr Kevin Lynch’s resignation from Brisbane Grammar School. As far as victims are aware the following identified documents have not in fact been tendered as evidence in Case Study 34. The existence of the identified documents should not be in dispute and therefore should be tendered as evidence. 9. It is possible given the large volume of documents tendered that for whatever reason the documents may in fact be in the Royal Commissions possession and have been published. Victims therefore respectfully request if the following documents have been published could the Royal Commission indicate their location for the references of victims. Alternatively the Commission accept the need for the following documents to be tendered as evidence and immediately secure those documents as evidence. Submission : Mr David Lloyd’s Missing Evidence 10. It is Submitted to the Commission that Mr David Llloyd’s Submission dated 5 February 2016 is rather scant in detail and evidence of Mr Kevin Lynch’s reason for departing Brisbane Grammar School. No hard evidence has been tendered to corroborate Mr Lynch’s stated reason for retiring to accessing his Superannuation. 11. As Mr Lynch had been at the School for nearly two decades, on the face of evidence the departure now appears rather sudden. For the benefit of victims and completeness in Case Study 34 all evidence surrounding Mr Lynch’s leaving Brisbane Grammar School should be tendered. This includes cross-examining those Trustees at the time still living who most certainly should be summonsed and answer questions under oath. 12. No matter what rank a person may hold in society, it is the Royal Commission’s duty to investigate and call certain witnesses who have not as yet been called in connection with Brisbane Grammar School. This particularly applies to those closely connected to Brisbane Grammar School who attended in Mr Howard Stack’s year of 1962 and many others. 13. It is highly likely that if the Trustees of Brisbane Grammar School had interrogated prior to accepting Mr Lynch’s resignation at the end of 1988, they may well have uncovered the extent of Mr Lynch’s criminal sexual activities. Basic issues such as securing records of students from Mr Lynch nor discussion of the recruitment and appointment of an immediate successor do not appear to have been discussed by the Board of Trustees. This most surely would be a responsibility of Trustees. Those Trustees still able to be held to account should therefore be held to account and not simply Mr Howard Stack! 14. For victims the follow statement by Mr Lloyd is totally unsatisfactory in view of the Commission’s own Terms of Reference, as Mr Lloyd only has this to say in his Submission of 5 February 2016 in respect of Mr Lynch leaving the School Para 51 SUBM.0034.001.0022 Para 51 SUBM.0034.001.0022 Mr Lynch left the school in 1988 and moved to St Paul’s. The events after he was employed by St Paul’s are addressed in Parts 7 and 8 below. 15. It is submitted that for the Royal Commission to adhere to the Commission’s own Terms of Reference extensive and detailed exploration of the issues and evidence surrounding the sexual perpetrator Mr Kevin Lynch’s departure from Brisbane Grammar School is required in Case Study 34. Anything less would be a dereliction of the Royal Commission’s duty. 16. In furtherance to the Submitted allegation to the Royal Commission that the Chair of Brisbane Grammar School Trustees Mr Howard Stack has offered a “Bribe” to the victims identified as BQK and BQG, pursuant to the Royal Commission Act 1902 Part 3 Section DI as so amended. The Royal Commission should therefore be compelled to interrogate specific issues further when evidence submitted by Mr Howard Stack is found to be missing or incomplete. It should be reiterated to the Royal Commission that Mr Stack has maintained a position on the Board of Trustee for 26 years. This is very soon after Mr Lynch and the headmaster Dr Howell both have alleged to have retired when this in fact is not entirely truthful from new and available evidence. Documents Requested as Evidence of Mr Kevin Lynch Retirement 17. The Minutes of the meeting of the Board of Trustees Brisbane Grammar School, held in the Board Room, Brisbane Grammar School on Thursday 8th December 1987 at 4.45pm indicates there would be in the School’s possession evidence of a report from National Mutual dated 1st November 1987 as per DOC.802.001.0016 DOC.802.001.0016 The Report prepared by National Mutual dated 1st November, 1987, was considered by the Board together with the Chairman's report of the meeting with staff. After Discussion it was resolved 1. That Proposal B set out on page 15 of the report, including retrospectively applied benefits, 3% productivity payment, late retirement benefit and early retirement arrangements, be implemented from 8th December, 1987, and National Mutual be requested to prepare an amended superannuation document ready for approval by the Board and the Governor in Council. 18. Mr Stack as Chair of Trustees of Brisbane Grammar in his response to the Royal Commission dated 29 August 2014 para cites DOC.802.001.0016 in Para 32 of his statement STAT.0380.001.0007_R Para 32 STAT.0380.001.0007_R In November 1984, Dr Howell recommended that Lynch's employment be upgraded to Senior Subject Master "in recognition of the long hours he worked and the outstanding service he had been providing as the School counsellor."20 Lynch continued as the School's full-time counsellor until he requested an early retirement in 1988 to access his superannuation entitlements to address financial difficulties due to his marriage breakdown.21 This was facilitated by the State Cabinet decision to approve the amended BGS superannuation scheme which provided improved superannuation benefits and, in particular, provided for early retirement benefits.22 20 : DOC.802.001 .0040. 21 : DOC.801.001.0018; DOC.802.001 .0054. 22 : DOC.802.001 .0016 19. On the face of it, the report and contents from National Mutual dated 1 November 1987 do not appear to have been admitted as evidence in Royal Commission Case Study 34. Given that Mr Stack and Brisbane Grammar School have alleged that Kevin Lynch retired from Brisbane Grammar School it is Submitted that these documents should most certainly be tendered as evidence. 20. The Superannuation Policy Proposal B, as agreed and accepted in the available evidenced contained in the Minutes of Brisbane Grammar Trustee Meeting on 8th December 1987 DOC.802.001.0016 would therefore require an amended Policy Document. It can be inferred that National Mutual would have prepared a further document dated after the Trustee meeting on the 8th December 1987 and presented at a Board Meeting held sometime in 1988. It is respectfully requested that the Royal Commission request the production of both the amended National Mutual Superannuation Policy document and the Board meeting minutes accepting this amended policy and tendering as evidence. 21. The minutes of the Brisbane Grammar School Board Meeting on the 8th December 1987 DOC.802.001.0016 clearly indicates that once agreed the Superannuation amendment would be approved by the Governor in Council. The Queensland Minister for Education has so far not produced to the knowledge of victims any evidence to corroborate the approval of Brisbane Grammar School’s Superannuation amendments. It is respectfully requested that such evidence be immediately produced by the Minister. 22. Mr Kevin Lynch’s resignation letter dated 23 November 1988 DOC.801.001.0018 the contents specifically reference a State Cabinet decision on Monday 21 November 1988 approving Brisbane Grammar’s amended superannuation. This document does not appear to have been tendered as evidence by the Royal Commission. Notwithstanding the 30 year period of nondisclosure of Queensland Cabinet meetings, it is respectfully requested that the Queensland Minister for Education and the Queensland Premier immediately release this document as evidence to the Royal Commission. There should not therefore be any need for the Royal Commission to use powers to enforce disclosure of this highly relevant document. Since Mr Kevin Lynch specifically cites the existence of such a document held by Queensland State Cabinet, there is no reason to believe this not to be a truthful statement by Mr Lynch. This is particularly so as the Board of Trustees soon after accept his resignation. Para 1 DOC.801.001.0018 In view of the State cabinet decision of Monday 21 November 1988 to approve the terms of the amended superannuation scheme for B.G.S., I write to formlly ask that you would request the Board of Trustees of Brisbane Grammar School to allow me early retirement as of 31 December 1988. 23. For Mr Lynch to have been informed of the approval by the State Cabinet on the 21 November 1988, it is logical to conclude that some form of official confirmation would therefore have been produced by the Queensland Minister for Education at the time and immediately forwarded to the headmaster and Trustees of Brisbane Grammar School. It is therefore respectfully requested that the Minister provide such evidence that would have informed Mr Lynch. This information is likely to have come verbally to him in the form of a conversation between him and the headmaster Mr Max Howell of the outcome of the State Cabinet meeting. 24. It was after all the outcome of the State Cabinet meeting on 21 November 1988 that in fact enabled Mr Lynch to take early retirement and this document from the State Cabinet meeting should therefore be tendered as evidence. 25. Subsequent to the State Cabinet meeting of 21 November 1988 as cited in Mr Lynch’s resignation letter dated 23 November 1988 DOC.801.001.0018, this final agreement accepting the proposed changes to Brisbane Grammar School Superannuation is almost certainly to have been itemized in more detail in the minutes of the Board of Trustees meeting on the 6 December 1988 DOC.802.001.0054. It was at this meeting Mr Lynch’s retirement was approved and his retirement was as a direct result of the superannuation changes that had only just been approved by State Cabinet. The minutes should therefore reflect this in more detail and not simply Mr Lynch’s retirement. Therefore it is respectfully requested that Brisbane Grammar School produce the full Board minutes for the Trustee meeting held on the 6 December 1988 and not simply the single page that has been produced. 26. Brisbane Grammar School have not provided evidence of Mr Kevin Lynch’s immediate and full drawn down of the superannuation fund after his retirement on the 31st of December 1988. It is respectfully requested that Brisbane Grammar School be required to produce Mr Lynch’s Superannuation Statement. 27. Annual Reports and Financial Accounts for Brisbane Grammar School during the specific period 1987-1990 have not been produced as evidence. It is respectfully requested that Brisbane Grammar School provide as evidence all accounts and reports for the period when Mr Max Howell commenced at Brisbane Grammar School in 1965 up to and including the most recent accounts up to end of year 2016. Given the recent allegation against Mr Stack, it is respectfully requested that all Financial Accounts and Annual Reports for Brisbane Grammar School since 1965 to the most recent end of year 2016 should all be tendered as evidence in Royal Commission Case Study 34. 28. To the knowledge of victims, Brisbane Grammar School have not produced to the Royal Commission any detailed employment contract for Mr Kevin Lynch that may detail such things as the minimum number of weeks a teacher and or employee of the School may tender their resignation and or retire in the period up until 1988. The School also have not provided any evidence of any “hand-over provisions,” required for a “Smooth transition,” in the event of a resignation or retirement. It is alleged that this would in fact constitute a failing of the School, if the School did not in fact have such a policy at the time Mr Lynch retired. Documents Requested as Evidence of Dr Max Howell’s Retirement 29. In Mr Stacks Statement of 29 August 2014 para 34 STAT.0380.001.0007_R there is no evidence provided by Brisbane Grammar School in relation to Dr Max Howell’s retirement. Par 34 STAT.0380.001.0007_R Dr Howell retired as Headmaster at the end of 1989 and died on 8 August 2011 . 30. New evidence has come to the attention of Victims in Case Study 34, that Dr Max Howell did not retire as alleged by Mr Stack in his statement, but immediately commenced employment after leaving Brisbane Grammar School as interim headmaster for the period 1990 until 1995 at Ormiston College as per the School Website clearly stating this fact. https://www.ormistoncollege.com.au/about-us/history Growth was rapid, requiring clear foresight and planning and excellent management by the Board of Directors, the Interim Headmaster, Dr Max Howell, and the College Executive Committee. In 1990 an administration block, and a music and art centre were completed and the first Year 7 grade was added to the private elementary school, building the school to 402 students. By 1994, the College had grown to Years 1 to 11 and accommodated 725 students, expanding the private high school to Year 12 in 1995 when Mr David Hosking accepted the position of Headmaster, providing exceptional service to the College over the next 11 years. 31. All documents are therefore requested to be tendered as evidence in order to corroborate Mr Stack’s and Brisbane Grammar School’s assertion that Dr Max Howell actually retired. Summary of Submission for Evidence Request 32. Given that Mr Stack as Chair of Brisbane Grammar School acting with the full knowledge of the Board of Trustees has alleged that both Mr Kevin Lynch and Dr Max Howell retired when the evidence suggests otherwise, further evidence is respectfully requested to be produced and tendered as evidence. 33. There is an overwhelm case for a further hearing in Case Study 34 and is only being sought by victims in order for more evidence to be produced and new witnesses called that have not as yet been called. 34. The Royal Commission have not as yet provided any satisfactory reason for the Commission to refuse a 2nd Case Study hearing. Under such circumstances victims respectfully request a Statement by the Commission at the earliest convenience within 4 weeks and certainly no later than the end of February 2017. Statement made by victim of Kevin Lynch as a litigant in person who attended Brisbane Grammar School in Royal Commission Case Study 34 on this Day the 31st day of January 2017 Lynch Victim Signature Lynch Victim Respond via email to : lynchvictim@gmail.com