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Lawyers for Marist Brothers face questions over advice to keep serial offender out of ‘legal arena’

Lawyers for Marist Brothers face questions over advice to keep serial offender out of ‘legal arena’

Summary

Two lawyers from Carroll & O’Dea have been subpoenaed in an Australian civil case involving alleged abuse by Marist Brother Kostka Chute. The subpoenas concern a 2009 letter in which the firm advised the Marist Brothers to keep Chute away from legal processes; Carroll & O’Dea said it would have to stop representing the order, halting the trial.

Key Facts

  • The survivor, identified as CQ, alleges Chute abused him at Marist College Canberra in 1985 and 1986.
  • CQ alleges the Marist Brothers knew of complaints against Chute and concealed them; the order denies the allegation.
  • Chute was in jail in 2009 for abusing six children, according to the article.
  • In a 2009 letter, Carroll & O’Dea described Chute as honest and said he was candid about discussions with senior Marist leaders.
  • The letter warned that Chute could create problems for the order’s insurance indemnity and advised keeping him away from legal processes after his release.
  • CQ’s lawyers subpoenaed two Carroll & O’Dea lawyers to give evidence about the letter.
  • The court heard the subpoenas could raise issues involving possible professional misconduct; no finding of misconduct is reported.
  • Carroll & O’Dea told the court it would have to stop representing the Marist Brothers, bringing the trial to a halt.
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