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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