Marist Brothers plan appeal after Greg Barclay wins A$2.25 million abuse award

The Marist Brothers plan to appeal a ruling awarding Greg Barclay A$2,248,974 for childhood abuse. Domenic Pagano confirmed the order’s intention in an October 10 report by The Sydney Morning Herald.

Six Supreme Court jurors reached the decision after a 12-day civil trial in September. The order was also directed to pay Barclay’s legal costs. John Anthony Skehan abused him at the former St Colman’s College in Shepparton in 1970, when Barclay was 14.

Jack Pappas, representing the Trustees of the Marist Brothers, argued during the trial that Barclay had exaggerated the consequences of abuse and sought unjustified damages. He also disputed details concerning two suicide attempts. Those assertions were the defendant’s arguments, rather than judicial findings.

Barclay, now 70, told the newspaper he felt vindicated by the outcome. However, more than three days of testimony and cross-examination had left him emotionally exhausted. He strongly criticised suggestions that his distress was a performance, pointing to Skehan’s criminal conviction.

Barclay also alleged a gap between the Catholic order’s public promises to support survivors and its courtroom conduct. The newspaper noted that the judgment itself did not criticise the conduct of the Marist Brothers’ lawyer.

Domenic Pagano, director of the order’s professional standards office, defended its legal position. He said the Marist Brothers accepted liability for fair and reasonable compensation but considered aspects of the claim overstated. The order disputed economic losses in light of Barclay’s remunerative career in education and senior union work.

Pagano characterised counsel’s approach as a robust challenge to the claim. He also said the order had to manage funds prudently while supporting education and care services. An announced intention to appeal does not overturn the jury’s decision.

In 2014, Skehan was convicted of indecently assaulting Barclay and received a suspended eight-month prison sentence. He had previously received a suspended sentence in 2010 for indecently assaulting a child in Broken Hill during the 1970s.

After the second conviction, the Marist Brothers publicly pledged compassionate support for survivors. In 2015, then provincial leader Peter Carroll apologised to Barclay and acknowledged that the abuse had affected his adult life, work and relationships.