Bernard McGrath's lawyer, Phillip Allan, confirmed yesterday the 66-year-old would not appeal the extradition order. Photo / File
Bernard McGrath's lawyer, Phillip Allan, confirmed yesterday the 66-year-old would not appeal the extradition order. Photo / File
Former Catholic brother Bernard McGrath will be extradited to Australia to face 252 child sex-abuse charges.
McGrath's lawyer, Phillip Allan, confirmed yesterday the 66-year-old would not appeal the extradition order granted after a lengthy legal process by former Justice Minister Judith Collins.
McGrath had challenged Ms Collins' decision through ajudicial review in the High Court at Christchurch. But Justice Cameron Mander concluded no error had been made in deciding to extradite him to stand trial.
McGrath was arrested at a Christchurch address on Thursday and is in Christchurch Men's Prison awaiting the arrival of Australian police officers to take him back.
A spokesman for New South Wales police yesterday said the extradition process was under way. "Detectives are working to bring him back to Australia," he said.
After several hearings at District and High Court jurisdictions, it was left up to Ms Collins this year to make a final decision on extradition.
In August, after "careful consideration", Ms Collins issued an order for his surrender across the Tasman. But this month, McGrath challenged Ms Collins' "totally unreasonable" decision through the judicial review hearing.
Mr Allan said the minister had come to some wrong conclusions in her judgment and raised allegations of bias. He called for the case to be referred to new Minister of Justice Amy Adams.
But Justice Mander rejected McGrath's arguments, finding the minister was right to trust the Australian criminal justice system to ensure McGrath's rights and a fair trial.
"Unsurprisingly, the minister was able to express a level of comfort that there were necessary safeguards in place to ensure that Mr McGrath would be subject to a fair and proper trial process in Australia," Justice Mander said.
Ms Collins accepted that Mr McGrath was not a young man, but concluded there was no evidence he was of poor health or that it would impact on his ability to defend himself.
She didn't think the issues constituted compelling or extraordinary circumstances which would make it unjust or oppressive for McGrath to be sent back to Australia.
