A NSW magistrate accused of indecently assaulting a teenage boy in the early 1980s denies he assaulted the boy, and would not share a bed with him if he had his life over again, a barrister has told a court.
Mr Curran does not dispute that he sometimes slept in the same bed with the boy, including to save costs on holidays, but denies there was ever touching or that they slept in the nude.
In closing submissions to a NSW District Court jury on Monday, Mr Curran's barrister Phillip Boulten, SC, said sharing a bed with the teenager is "in retrospect perhaps the most foolish decision the Accused has ever made".
"If he had his life over again, you can bet he wouldn't be doing that again," Mr Boulten said.
Mr Boulten said he intended to outline to the jury twenty "worrying features in the evidence" of the alleged victim, including "a history of hypnotism" and the fact that his memories of one assault were "recovered memories" which did not appear in his first police statement.
The trial earlier heard from Dr Gregory Cook, a psychiatrist who treated the man in the early 1990s. Dr Cook denied he performed hypnotism on the man, and said he specifically warned him that if he was given a relaxation treatment it could be "medico-legally undermining" if his case ever went to trial.
Mr Boulten said the jury must ask themselves "serious questions" about the alleged victim's reliability, suggesting the man "made things up", had a "barrow to push" and made allegations that became more serious over time.
"[He] may well be lying. He may well be fudging the truth. He may well be exaggerating. He may honestly believe every single word he said," Mr Boulten said. "He may be wrong for any number of reasons."
Mr Boulten said his client was "exemplary" in his character and had given a strong and consistent denial in his evidence to the trial.
"The accused is not guilty of the nine charges," Mr Boulten said. "He did not indecently assault [the boy]."
Crown prosecutor Mark Hobart, SC, said the court is "not a court of morals", but a grown man sleeping in the same bed with a teenage boy showed a pattern of "grooming or conditioning" which escalated to touching.
Mr Hobart said there was no denying that Mr Curran is a person of good character, but even people of good character commit offences. He said Mr Curran had a "distinct weakness" of sexual attraction for a young boy.
"You think this is something this boy has made up?" Mr Hobart said. "You think this is a total lie? Or do you think he's telling the truth after all these years?
"The Crown says not only is he not making it up, but the Crown has proved its case beyond reasonable doubt. The Crown suggests you will find the Accused guilty”.
Yet, as Patrick Lion reported in The Daily Telegraph yesterday this is the excuse a Victorian magistrate has accepted as a “mitigating factor” in the case of an Afghan man charged with the attempted kidnap of a four-year-old girl. Ali Jaffari, 35, had already been convicted last year of sexually molesting two boys, aged 12 and 13, at a Geelong beach. Despite the fact he showed no remorse and the prosecution wanted him jailed, Magistrate Ann McGarvie let him off with a two-year community corrections order, saying he had a low risk of reoffending.
Jaffari was back in Geelong Magistrate’s Court after he allegedly snatched a four-year-old girl at a cricket oval in Geelong last year while her father and brother were distracted. But in February Magistrate Ron Saines threw out the child stealing charge and cited “cultural differences”. In what culture is there any different view to ours, that preying on children is unacceptable? Child sexual abuse in Afghanistan might be “endemic”, as a US State department report puts it. But that doesn’t mean it is culturally acceptable, especially not to parents and children.
Once again the Family Court has FAILED Australia’s children.
Once again the Family Court has handed down a decision that COMPLETELY AT ODDS with the BEST INTEREST of a child. Chief Justice Stephen Thackray has ruled that 2 year old Pipah cannot go to live with her mother in Thailand. Instead, he has handed her over to the custody of her surrogate father, David Farnell. Farnell has a history of sexual offences against children dating back many years.
Written by Shane Dowling - Kangaroo Court of Australia
I have seen some scandalous and corrupt judgements but I can’t remember any worse than paedophile catholic priest Father Robert Flaherty being sentenced in August 2016 to a non-parole period of 3 months jail for abusing and raping 3 boys. It is plainly obvious that the judges involved need to be investigated themselves.
I have collated a list of paedophile judges and suspected paedophile judges below and emailed the list to all the NSW Supreme Court judges giving them an opportunity to respond before I published their names. I am also in the process of sending a formal complaint to the relevant authorities regarding paedophiles in the judiciary and not all my evidence is in this article but I will focus on making a fair and reasonable case against the 4 judges in the Father Flaherty matter.
A Sydney judge has compared incest and paedophilia to homosexuality, saying the community may no longer see sexual contact between siblings and between adults and children as “unnatural” or “taboo”.
District Court Judge Garry Neilson said just as gay sex was socially unacceptable and criminal in the 1950s and 1960s but is now widely accepted, “a jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now ‘available’, not having [a] sexual partner”.
Jan-Maree Dunlop will not be subject to an order under the dangerous sexual offenders act.
A woman who procured a young girl for her husband to rape has not been declared a dangerous sex offender.
On Tuesday, a judge handed down his reasons for rejecting an application for Jan-Maree Dunlop to declared a dangerous sex offender, finding she did not pose a serious risk to the community.
Dunlop, formerly known as Jan-Maree Farrenkothen, was sentenced to 14 years jail for her role in a 2002 crime in Gladstone, where she lured a young girl to a bedroom where she was handcuffed, gagged and raped by Jurgen 'Terry' Farrenkothen.
A FOSTER father, who betrayed the trust of the child who called him Dad, by repeatedly sexually assaulting her over a long period, has been jailed for two months.
The offender, who has fostered at least 70 vulnerable children in the Geelong area, pleaded guilty in Geelong Magistrates’ Court on Wednesday to 15 counts of committing an indecent act on a child under 16.
The maximum sentence for each count of indecent assault on a child under 16 is 10 years jail however in this case the offender will get to serve just four days per charge.
A VICTORIAN magistrate who sexually assaulted two teenage brothers is officially quitting his post at the bench after confessing to the crimes in court today, it is believed. Simon Mitchell Cooper, 56, today pleaded guilty to seven charges of indecent assault committed against the two teens in the 1980s.
It is understood he is handing in his letter of resignation to the Governor of Victoria, Alex Chernov, this afternoon.
The former crown prosecutor, appointed as a magistrate in February 2012, was suspended in January after he was charged with sex offences against two males, to which he pleaded guilty today.