High Court approves extradition to NZ of religious
St John of God brother Rodger William Moloney and priest Raymond John Garchow have been refused leave to appeal against their extradition to New Zealand to face child sex charges dating from the 1970s.
Moloney, 71, and Garchow, 58, are alleged to have committed sex offences against young boys in Christchurch between 1971 and 1980.
A Sydney magistrate ordered their extradition last year, but the decision was overturned on appeal to a Federal Court judge, who ruled it would be unjust to surrender them, SBS News reports.
New Zealand authorities then appealed against that judgment and earlier this month the full bench of the Federal Court confirmed the magistrate's extradition order.
Garchow and Moloney were taken into custody following the federal court decision.
Yesterday, the men lost their last ditch bid for special leave to appeal to the High Court of Australia with Chief Justice Murray Gleeson, William Gummow and Dyson Heydon finding that there were no grounds to appeal a Federal Court decision that they be extradited.
"We are not persuaded that the interests of justice require the granting of special leave to appeal to this court," Chief Justice Gleeson said.
Mr Moloney faces 28 charges of allegedly assaulting 12 boys between 1971 and 1977 at the Marylands boarding school for the disadvantaged and intellectually disabled. Mr Garchow faces four charges, dating between 1971 and 1980, the Australian adds.
Clergy to face NZ court (SBS News, 16/10/06)
Extradition to go ahead (The Australian, 17/10/06)
NZ lawyers await ruling on extradition of brothers (CathNews, 5/10/06)
Five years jail for St John of God brother (CathNews 28/4/06)
Extra protection for John of God accused (CathNews 16/2/05)
17 Oct 2006