Royal Commissicn into Institutional Responses to Child Sex<Ial Abuse Cssa Study 16: Melbourne Response 1 Witnus Statement of Bishop Leslla Tomlinson

Witness Statement

I Leslie Rogers Tomllnson

................. --·-·------·-Name

Address

Occupation Bishop of the Catholic Diocese of Sandhurst --

Date 15 August 2014

1 My name is Leslie Rogers Tomllnson.

2 I am the Bishop of the Catholic Diocese of Sandhurst, which comprises 40 parishes from central

Victoria to north-central and north-east Victoria. The offices of the Diocese are situated In Bendigo.

3 Unless I state otherwise, I have set out In this statement my independent recollection of the events

the subject of the statement. In preparing this statement, I have reviewed certain documents

provided to me. Those documents have assisted me in refreshing my memory of the events the

subject of the statement.

4 This statement has been prepared with the assistance of Gilbert + Tobin lawyers and Counsel in

response to and in compliance with a Notice issued by the Royal Commission in connection with a

hearing into Case Study 16. lt is produced to the Royal Commission on the basis that it will be

tendered and treated as evidence pursuant to the Commonwealth or State legislation applicable to

this Royal Commission case study.

5 I have been asked by the Royal Commission In this statement to detail my involvement with the

Investigation of the complaint of child sexual abuse made by Paul Hersbach. The Commission has

also invited me to consider the statement made by Paul Hersbach dated 1 August 2014 and the

transcript of a telephone conversation between me and Peter O'Callaghan QC in respect of Paul

Hersbach.

My background

6 I was born on 27 August 1943 at Mildura, Victoria.

7 I was ordained a Catholic priest of the Archdiocese of Melbourne on 18 August 1972.

8 Following my ordination, I held the following appointments in the Archdiocese of Melbourne (or as

otherwise stated):

(a) 16 December 1972 to 24 January 1975, Assistant Priest at St John's Parish- Mitcham;

·;b~~ Slgn2tuu• T .. .......... ,,, _________ .. ....... ... ...... _ Pa;,e 1

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Royal Commission into Institutional Responses to Child Sexual Abuse Case Study 16: Melbourne Response I Witness Statement of Leslie Rogers Tornlinson

(b) 31 January 1976 to July 1977, Assistant Priest at Sacred Heart Parish- Newtown, Tasmania;

(c) July 1977 to February 1978, Assistant Priest at St Mary's Cathedral, Hobart, Tasmania;

(d) February 1978 to 24 January 1979, Administrator at Corpus Christi Parish- Bellerive,

Tasmania;

(e) January 1979 to January 1983, Assistant Priest at St Gerard's Parish· North Dandenong;

(f) January 1983 to January 1984, Assistant Priest at the Parish of Our Lady of the Immaculate

Conception • Sunshine;

(g) January 1984 to January 1988, Parish Priest at Sacred Heart· Carlton;

(h) 20 January 1988 to 16 September 1998, Parish Priest at St Simon's- Rowville;

(I} 16 September 1998 to 7 January 2003, Parish Priest at St Kevin's- Ormond; and

U} 7 January 2003 to 8 May 2003, Dean of St Patrick's Cathedral - Melbourne.

Term as Vicar General

9 On 9 April 2003, I was appointed by Archbishop Hart as the Vicar General for the Archdiocese of

Melbourne. I held this position unti128 February 2012. Archbishop Hart was the Archbishop of

Melbourne for the entirety of my appointment.

10 On 5 May 2009, I was appointed by Pope Benedict XVI as an Auxiliary Bishop of the Archdiocese of

Melbourne and Titular Bishop of Slniti. I remained Vicar General following my ordination as Auxiliary

Bishop.

11 On 3 February 2012, I was appointed as Bishop of the Diocese of Sandhurst. I was Installed on 1

March 2012.

Early contact with Victor Rubeo

12 I first met Victor Rubeo in January 1976 when I was at a retreat at the Corpus Christi College in

Clayton. Over subsequent years I would have contact with him from time to time when we were at

neighbouring or nearby parishes.

Early contact with the Hersbach family

13 In around 1984, I recall Rubeo talking about the fact that a family he called the Hersbachs were

coming to stay with him at the presbytery at East Preston. My impression was that the family stayed

there for some 12 months while they were building a house.

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Royal Commission into Institutional Responses to Ci1ild Sexual Abuse Case Study 16: Melbourne Response 1 WitiMiliS Statement of Leslle Rogers Tomllnson

14 I recall meeting Tony Hersbach and his family on a number of occasions at East Preston and once or

twice at their home at The Patch.

Rubeo's disclosure of abuse

15 In about June 1996, Rubeo told me that the police had interviewed him about a complaint of abuse

which had been made by a woman at Doveton. He said that during the course of the Interview he

had dlsdosed to the police that he had abused Tony Hersbach and his brother Will Hersbach.

Rubeo said to me that the abuse had occurred during the years whilst he was at Laverton (which I

understood to be in the late 60s or early 70s). Rubeo also told me that, several years earlier, Tony

Hersbach had disclosed the abuse to Monsignor Cudmore as the Vicar General.

16 Naturally, I was shocked by Rubeo's disclosure. I had no idea that he might have behaved In such a

way.

17 Very shortly after his disclosure to me, Rubeo went on leave and then ceased to function as parish

priest at Boronia, where he was then appointed. My recollection is that Rubeo then resigned as a

priest within two or three months of his disclosure to me and that he was charged by the police at

about the same time.

18 I was present in court on 8 October 1996 when Rubeo pleaded "guilty'' to indecent assault I did not

give evidence or provide a character reference. I recall that the hearing was brief, and that Rubeo

received a good behaviour bond.

Involvement with the investigation of the complaint made by Paul Hersbach

19 On about 3 November 2006, in my capacity as Vicar General, I received a letter from Richard Leder

of Corrs Chambers Westgarth. With this letter was a recommendation to the Archbishop from the

Compensation Panel that ex gratia compensation of $17,500 be offered to Paul Hersbach.

[CTJH.221.04009.0014] The correspondence also revealed that Rubeo was the offender.

20 lt was only once I had read Mr Leder's letter that I became aware that Paul Hersbach had made a

complaint to the Independent Commissioner. I did not know Paul Hersbach other than having

probably met him many years before as one of Tony Hersbach's children. I had no other details of

the complaint (as was usually the case where a complaint was dealt with under the Melbourne

Response, unless the circumstances required immediate action against a priest while the complaint

was being considered}.

21 Rubeo's diocesan faculties had been withdrawn after he was charged in 1996. As at November

2006, Rubeo was in retirement (without any diocesan faculties} and residing in Portarlington, Victoria.

22 I recall wondering at the time of reading Mr Leder' s November 2006 letter what was the nature of the

abuse Paul Hersbach had suffered. Rubeo's disclosure to me in 1996 had not referred to Paul

Hersbach. This was the first time I had any awareness that Paul Hersbach had been abused as well.

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Royal Commissicn into lnstituiior.al Responses to Child Sexual Abuse Case Study 16: Melbourne Response 1 Wi1ness Statement of Leslie Rogers Tomlinson

23 I have reviewed a copy of a letter of apology to Paul Hersbach from the Archbishop, dated 10

November 2006. [CT JH.221.04009.0011) lt is likely that I arranged for this letter to be prepared for

the Archbishop's signature.

24 On or about 5 November 2007 I received a letter from Richard Leder enclosing a signed Deed of

Release from Paul Hersbach. [CTJH.221.04009.0016, CTJH.221.04009.0003] I then arranged for

payment of the ex gratia compensation.

25 I had no involvement in the investigation of Paul Hersbach's complaint against Rubeo. The foregoing

describes the extent of my involvement with the Melbourne Response complaint process in relation

to Paul Hersbach.

Telephone conversation with Peter O'Callaghan QC

26 I have been asked to consider a document which appears to be a transcript of a telephone

conversation between myself and the Independent Commissioner, Peter O'Callaghan QC, in respect

of Paul Hersbach (the Transcript). [COM.0056.0002.0004] I do not have an independent

recollection of this telephone conversation, nor had I seen the Transcript before preparing this

statement. However, I do not dispute the contents of the Transcript and I am able to offer the

following comments about it.

27 The Transcript is undated but I believe the conversation took place in about May 2008, as it follows

two items of correspondence from Peter O'Callaghan QC to me in respect of Paul Hersbach. The

first is an email dated 11 April 2008. [COM.0056.0002.0020) The second is a letter dated 1 May

2008. [CT JH.221.04009.0012] The correspondence is a request, and then a follow up from Mr

O'Callaghan, for me to assist in connection with a request by Paul Hersbach to visit a presbytery.

The Transcript includes reference to that proposed presbytery visit (near the top of p 5).

28 The Transcript refers to two speakers: "M", which I take to be me as Monsignor; and "P" which I take

to be Peter O'Callaghan QC.

29 The reference to •contact with him"(page 1, 5th last line) -I take to be the contact that I had with

Rubeo before I became Vicar General, as outlined above.

30 The reference to "support" (page 3, 7th line) - I take to be the support I offered Rubeo at the time of

his disclosure to me in 1996, which was simply listening to him.

31 Pages 3 and 4 of the Transcript contain recollections of my early contact with the Hersbach family.

32 The reference to " ... well/ suppose I was concerned as to what the dimensions of the problem were

and whether or not that should impact on any contact I had with him" (page 4, last line and following)

- I take to be an expression of concern by me given Rubeo had evidently understated to me the

extent of his abuse. Rubeo had said nothing to me about abuse of Paul Hersbach. He had certainly

not communicated to me the extent of the abuse, nor its prolonged and calculated nature, in the way

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Royal Commission i!:to Institutional Responses to Child Sexual Abuse Case Study 16: Melbourne Response I Witness Statement ofLNIIe Rogers Tomlinson

I was coming to understand it. Having become aware of this I felt that I had been misled and that my

goodwill had been presumed upon by Rubeo. Accordingly, I wanted to be very cautious about any

contact I should have with him in the future.

Signature

Name Leslie Rogers Tomlinson

Date 15 August 2014 Date 15 August 2014

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