Brian McHugh pleaded guilty to indecently assaulting a child. Magistrate Koula Kossiavelos kept him out of prison, off the sex offenders register and ordered tax payers to pay $3000 to cover his travel costs to court…. WHY ?
Brian McHugh a Christian brother who indecently assaulted a 9 year old student in his care by his own admission has not only avoided a prison sentence for doing so, but also avoided being added to the sex offender’s register and even somehow has gotten his travel costs covered by the taxpayer.
I bet you feel great knowing that thanks to Magistrate Kossiavelos $3000 of your tax dollars went to funding the flights of a convicted child abuser. If it were a wrongfully convicted person I could understand the state footing their travel bill but this guy was convicted ! How the hell does that work ?
A court says Brian Anthony McHugh should be compensated because of SA Police’s delays in prosecuting his “unfortunate, one-off” crime.
In sentencing Adelaide Magistrate Koula Kossiavelos said McHugh had spent his life “serving the disadvantaged” and was “guilt-ridden” by his actions.
“It’s a difficult situation when one is dealing with child sex offending,” she said.
“However, McHugh has led an exemplary life — more so than others — and his likelihood of reoffending is nil”.
“He does not require rehabilitation.”
McHugh, 69, of Maylands in WA, pleaded guilty to one count of indecent assault.
WRONG MAGISTRATE WRONG, WRONG, VERY WRONG !
HE DID NOT LIVE AN EXEMPLARY LIFE, HE ABUSED A CHILD, THAT IS FAR FROM EXEMPLARY !
Child abusers ARE NOT people of good character and for a magistrate to say that one has lived an exemplary life more so than others, just shows she doesn’ get it. Whether it is 1 victim or 20, he has abused a child and does not deserve credit for not abusing more.
If he was really “guilt ridden” he would have handed himself in ! Someone who is “guilt ridden” doesn’t go about their days as per normal like nothing at all happened ! Someone who is guilt ridden doesn’t initially plead innocent, they apologise and beg forgiveness from their victim and their family !
The offence occurred more than 30 years ago, in the school’s sports shed, where McHugh — then the hockey coach — had sent the boy as a punishment. Brevet Sergeant Amanda Sparnon, prosecuting, said McHugh assaulted the boy from behind.
“McHugh forced him to remain in a bent-over position … (the boy) could hear his heavy breathing but McHugh did not say anything,” she said.
“The force of McHugh’s assault was so great it brought (the boy) to his tiptoes … he felt worthless, vulnerable and ‘like nothing’.” She said McHugh denied the offending when he was first interviewed by police. Someone who is “guilt ridden” does not lie about the offending when asked about it. Magistrate you could not have gotten this one any more wrong if you tried, so I must wonder, what is it about this case that you are so willing to basically let him off with less than a slap on the wrist, in fact he came out of this case with a $3000 payout !
The Sergeant urged the court to place McHugh on the national sex offenders register and ordered he serve a prison term. Barrister David Edwardson QC, for McHugh, said his client had earned only a meagre wage as a Brother, (how does someone on a “meagre wage” afford a QC ? It appears someone is looking out for him ), and had lost his job due to the court case. He said McHugh had no prior convictions of any kind and was highly regarded by friends and the Brothers. He urged the court to act “as mercifully as possible”. Well Mr Edwardson the court did just that, maybe that’s how he did it. Maybe Magistrate Koula Kossiavelos listens to QCs, maybe she likes the work of the Christian Brothers.
“This is an isolated, one-off offence, there was no skin-to-skin contact, there was no ongoing conduct and only one victim,” he said. (That you know about)
His QC went on to say “This is a man who was drawn to the ideals of helping those less fortunate, and that is effectively what this man has done his entire life. “He does, through me, publicly apologise … patently, he poses no danger to the community and there’s no justification for a custodial sentence.”
Hold up, he didn’t even apologise himself ? He got his lawyer to apologise for him ? Come on, how can that possibly be called the actions of a man who is “guilt ridden” if you really are so racked with guilt you would at least make the apology yourself ! This is getting more and more ridiculous by the minute !
Mr Edwardson asked SA Police be ordered to pay McHugh more than $3000 to cover his expenses, which included the cost of flying to Adelaide from WA.
Ms Kossiavelos said the boy suffered ongoing trauma into adulthood, resulting in a loss of self-confidence and a failure to reach his full potential in life. She said he continued to feel “put down” and “humiliated” by the indecent assault.
So she knows that this is not a victimless crime and even acknowledges the pain and suffering this Christian Brother has caused, yet still she agreed immediate imprisonment was not warranted for McHugh.
“This was an unfortunate incident, but it was a one-off incident,” she said.
NO NO NO NO NO ! CHILD ABUSE IS NOT AN “UNFORTUNATE INCIDENT” IT IS A DELIBERATE, COWARDLY, SELFISH ACT THAT DAMAGES CHILDREN AND CHANGES WHO THEY ARE, FOR THE REST OF THEIR LIVES. IT CAUSES A RIPPLE EFFECT THAT TOUCHES THE LIVES OF EVERYONE SURROUNDING BOTH THE VICTIM AND THE OFFENDER !
How dare you say this is an unfortunate incident, the only unfortunate thing is it took so long to come to court and that you chose to let McHugh off scott free.
Clearly you have no clue about child abuse or the pain it causes to those who survive it !
Magistrate Kossiavelos imposed an eight-month jail term, suspended on condition of a 12-month, $500 good behaviour bond. She declined to place McHugh on the sex offenders register and ordered police to pay his travel costs.
It is not often a convicted sex offender is left off the register and I did not believe it could be possible in this case but sadly it is, sadly she really did let him totally off the hook and then ordered that tax payers foot the bill for his travel expenses.
What has this nation come to ? What depths has our legal system fallen to that we now reward child abusers by paying their travel bills even though they are found guilty, we used to send them to prison and put them on the sex offender’s register. Now apparently we don’t.
This decision is an insult to child abuse survivors, the police involved in making the arrest, the public defenders and most of all to the little 9 year old boy who has spent his life trying to recover from this “unfortunate one-off incident” perpetrated by a man of such good character who has led such an “exemplary life” that he not only deserved to avoid prison and the sex offender’s register but apparently also deserved to be financially compensated . This surely is a bad joke.
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