A Sydney priest who was found guilty of common assault after he allegedly smacked a child in church has been granted an appeal against the legal ruling.
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Father Terrence Millard was dismissed from the St John Vianney Catholic Church at Greenacre after a controversial flashpoint in which he "grabbed" a nine year old boy, Peter*, "positioned" him in front of a symbolic image of Jesus Christ and punished him with a "smack" to the upper buttocks for alleged bad behaviour. In June, after the NSW Police Force laid criminal charges, a magistrate delivered a finding of guilt against the priest – with no conviction recorded.
While he has lost the support of the Catholic Church, which stood the priest down and dismissed his actions as "extremely regrettable", Father Millard will press ahead with an appeal, to be heard at Parramatta District Court on October 1.
News of the appeal has come as a bitter blow to Peter's distraught family who in the months following the incident, witnessed their son change from "happy-go-lucky" sports fanatic to "anxious" and "troubled."
They, themselves, were left reeling and "humiliated" when a "mix up" misled the entire church community to believe that Peter had lied and the court case had gone the priest's way. In a "parish notice", published in the church bulletin, it stated: "On Tuesday June 30, the magistrate at Bankstown Local Court dismissed the case against Fr Terrence Millard."
The error remained uncorrected until Fairfax Media revealed the story in July. In a subsequent written clarification by Archdiocese of Sydney Vicar General Gerry Gleeson, the community was advised: "Fr Terrence was found guilty of common assault – using excessive force in dealing with a child. We will take whatever steps are needed to ensure such incidents do not happen again."
"We have been living this nightmare for a year now," said Peter's mother who added: "It has taken its toll on our family in more ways than you could ever imagine."
On September 11 last year, Peter's father arrived to collect his son from school, only to learn of an "incident" involving "the priest." In a meeting overseen by the school principal, Peter told his father how, after being seen talking to another student, Father Millard "grabbed him forcefully by the shirt", pushed him up against a wall at the rear of the church and used an open hand to slap him on the lower back area before turning around to the rest of the students, warning "you will be next."
Father Millard, meanwhile, forwarded a letter to the Catholic Education Office. "I deny that at any time I hit the child," he said. He confirmed there were "a number of troublesome children" among the 42 present, including Peter whom, he alleged, slid across the pew and "started pulling faces at people who had been to confession."
Father Millard claimed that, in response to that disruption, he escorted Peter to the Stations of the Cross at the back of the church and simply "asked him to work out why Jesus at the third fall could not get up again… and to stay there for five minutes."
However, at the resulting court hearing, it was the evidence of an independent witness and the only other adult present – the school teacher – that led magistrate Daniel Reiss to find the priest guilty. In her testimony, she said: "Father Terrence positioned Peter in front of one of the Stations of the Cross…then leant down and said something at his level. They were standing five or six metres away from me. Father Terence then turned to walk back to the altar and in the same movement he used his hand to smack Peter on the bottom."
Father Millard's lawyer Greg Walsh said: "This man has lost his parish, his priestly duties, his career. He maintains his innocence. He said he never hit the boy, full stop."
But Mr Walsh added: "Even if he did do it, it came through frustration that the reconciliation service was being turned into a picnic –and he took his duties seriously. It was a momentary snap. I don't think it is deserving of the punishment he has now suffered. This man has lost his entire life."
A spokeswoman for the Sydney Archdiocese confirmed the Catholic Church was in no way involved in Father Millard's appeal. "It is a private action and the Archdiocese is not paying legal fees," she said.
