Lawyers for Marist Brothers Questioned Over Advice to Keep Offender Out of Legal Arena

Lawyers representing the Marist Brothers have been subpoenaed to explain a confidential document that advised the Catholic order to keep a serial child sexual abuser out of the legal arena. The document suggested the offender was too honest and might implicate senior church officials upon his release from jail. A survivor known as CQ asked the ACT supreme court to issue the subpoenas to individual lawyers from Carroll & O’Dea, the major law firm that has represented Catholic orders for decades.

The case involves allegations that the Marist Brothers knew of abuse complaints against Brother Kostka Chute, also known as John William Chute, and concealed them during his time at Marist College Canberra in the 1980s. The order denies these claims. CQ's legal team resurfaced a 2009 letter sent from Carroll & O’Dea to the then head of the Marist Brothers, Br Jeffrey Crowe, following a prison visit to assess potential insurance and civil claim liabilities.

Lawyers advised keeping a serial abuser away from legal processes to protect senior church officials.

The uncovered letter advised Crowe that Chute was up front regarding his past discussions with provincial leaders and could not be trusted to heed suggestions about limiting his disclosures. The authors noted that Chute possessed high honesty and integrity levels, warning that he would need to be kept well away from the legal arena upon his release from custody.

The revelation of the letter caused significant disruption in CQ's ongoing trial this week. Porters Lawyers, representing CQ, subpoenaed two Carroll & O’Dea lawyers to provide evidence, which raised potential professional misconduct issues. Consequently, Carroll & O’Dea announced they would cease representing the Marist Brothers due to a conflict of interest, leading to a sudden halt in the trial and expected delays.

Guardian Australia notes there are currently 15 pending cases against the Marist Brothers involving Chute and represented by the same law firm. In a statement, the Marist Brothers declined to comment on ongoing proceedings while projecting that the trial might resume either later this year or in early 2027. Previously, senior figures testified that the contested letter was part of broader correspondence written amid doubts regarding Chute's credibility, and the document was previously examined during the 2014 child abuse royal commission.