By a Broken Rites researcher

Christian Brother John Francis Coswello was jailed on 22 June 2009 after a jury convicted him on charges involving a 12-year-old boy in a Melbourne orphanage.

The Melbourne County Court was told that the alleged offences occurred at St Vincent's Boys' Home in South Melbourne in 1972-73, when Coswello was aged about 32.

When the boy complained to the head of the orphanage, he was strapped for speaking out, the court was told.

In sentencing Coswello (aged 70), Judge Ross Howie said the case raised serious issues about the Christian Brothers Order and their treatment of boys who were victims of sexual abuse. The judge condemned the response of those in charge, saying the victim was a vulnerable boy and "there was no one to whom he could turn".

Judge Howie sentenced Coswello to two years and ten months jail and ordered that he serve a minimum of 15 months behind bars before becoming eligible to apply for parole.

Coswello has been a member of the Victoria-Tasmania province of the Christian Brothers for more than 50 years.

The trial

During the selection of 12 jury members from the larger jury pool, the church's defence lawyer vetoed several women, including a psychologist and a school teacher. When finally selected, the jury comprised eight men and four women.

The court was told that Brother Coswello worked at St Vincent's orphanage throughout the 1970s and his duties included being in charge of a dormitory at night.

The boy [this article will refer to him as "Edward", which is not his real name] was born in August 1961. By age 5, he was abandoned by his alcoholic parents and became a ward of the state. He was placed in an orphanage — St Aidan's at Bendigo, in central Victoria. In December 1969, aged 8, he was transferred to St Vincent's Boys Home, 237 Cecil Street, South Melbourne, where he spent the next seven years, to 1976. He progressed through several dormitories there, one for the youngest boys, then one for slightly-older boys and so on.

"Edward" was not under the care of Brother Coswello but, at the age of 11, the boy attended Scouts meetings which were held in a hall, located directly below Brother Coswello's dormitory. On the occasion of the first charged offence, Coswello allegedly asked the boy to stay behind after the Scouts meeting and Coswello then allegedly engaged in sexual activity.

Similar incidents allegedly happened on subsequent occasions at night during 1972 and 1973, the court was told. Edward turned 12 in August 1973.

"Edward" complained to the head Brother at St Vincent's about Coswello's behaviour but was told that he was lying and was strapped for it, the court was told.

The jury was shown a video taken of the St Vincent's Boys' Home, including the alleyway leading to the scout hall.

Guilty verdict

After the jury's verdict, Judge Howie ordered that Coswello be held in custody in a remand prison until the sentencing day.

Coswello's background

The court was given some background information about Coswello's career. Born on 10 January 1939, Coswello grew up in the St Alipius parish in Ballarat East, in central Victoria, where his father Kevin was employed in the railways.

John Coswello was educated at Catholic primary schools in Ballarat and then did the first two years of his secondary education at St Patrick's Christian Brothers College in Ballarat.

The court was told that, at St Patrick's College, the Christian Brothers were always on the lookout for boys who might become Brothers. Coswello was selected in this way. Thus, at age 14, Coswello was transferred away from home to a Christian Brothers training college in Melbourne, where he spent two years with other aspiring future Brothers. Next, at the age of 16, he was sent to a Christian Brothers training college in Sydney, where he completed his secondary education in the company of other aspirants. This was followed by a couple of years of spiritual training and teacher training. Thus he became Brother Coswello.

Brother Coswello spent the rest of his working life in the order, living with other Christian Brothers. Holidays would, for example, mean going to Sydney, where he would stay in a house with other Christian Brothers.

By the early 1960s, he was teaching. He taught at Catholic schools at Blackburn (in Melbourne's east) about 1964, in Launceston (Tasmania) in 1965 and at Middle Park (inner-Melbourne) in 1966-1970.

From 1969 (when he was about 30) to 1979, Coswello lived at St Vincent's Boys' Home, 237 Cecil Street, South Melbourne.

In 1980-82, he taught at St Joseph's Technical School, South Melbourne.

From 1983 to 2006, he worked at Christian Brothers College (C.B.C.), St Kilda, Melbourne, teaching social-studies subjects. He retired from teaching in 2006, and then helped to run an aged-care home for Christian Brothers in Westbury Street, St Kilda.

Coswello submitted character references to the court from: Brother Vince Duggan (leader of the Christian Brothers Oceania province); Brother Roger Cripps (a former principal under whom Coswello worked); and Father Barry Moran (parish priest of Coswello's local parish, St Kilda East).

Judge's comments about the Christian Brothers

The judge said that the boy reported Coswello's actions to the head Brother at the home [the judge named the head Brother in court] but there was no proper inquiry. The boy was called a liar and was punished, the judge said.

The judge said the crimes raise serious questions about the culpability of the Christian Brothers Order. He said that:

• there was no adequate supervision of what went on at St Vincent's Boys' Home;
• there was no fair or appropriate way for a boy to complain; and
• there was no proper system for dealing with a complaint.

Throughout, Coswello had not shown "shame, contrition or remorse", the judge said.

The judge referred to a written impact statement, which the victim had submitted to the court, showing how the breach of trust at St Vincent's had adversely affected the victim's life. The damage done to this victim is profound, the judge said.

Edward's background

The lack of a family was a handicap for Edward. He has two older sisters but they regard him as the "black sheep" of the family. His two sisters shunned and abandoned him, just as his parents had done. He has one other sibling — a younger brother — but has lost contact with him.

Eventually, when Edward was in his early forties, someone arranged for him to see a counsellor, who identified the sexual abuse at St Vincent's as a big disruption in Edward's life. An appointment was made for Edward to have a chat with a police officer from Victoria's Sexual Offences and Child-Abuse (S.O.C.A.) unit. Detectives from the South Melbourne criminal investigation unit then made inquiries and laid charges against Brother Coswello.

The St Vincent's Boys Home building is still at 237 Cecil Street, South Melbourne (between Napier and Raglan Streets). The building is now occupied by Mackillop Family Services, a Catholic welfare agency. A statue of St Vincent de Paul still stands at the front of the building. "Edward" says that his dormitory (at the time when he encountered Coswello) is one of the upstairs rooms (at the front of the building) that can be seen from the street.

Christian Brothers' apology

Executive Officer for Professional Standards for the Christian Brothers Oceania, Br Brian Brandon said the Christian Brothers are saddened by the matter and reiterate their commitment to promoting healing and reconciliation for all hurt in any way in their schools or former institutions.

"The Christian Brothers apologise sincerely for this hurt," Br Brandon said. "We state with the utmost conviction that we repudiate absolutely all forms of abuse and seek to promote the very best outcomes for all those committed to our care."

"We fundamentally erred on occasions in the treatment of young people entrusted to us in previous generations," Br Brandon said. "Such abuse, coupled in some instances by denials and cover-ups by the congregation, compounded the pain and suffering of the victims and their families."

Prosecution