Hartnett v Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (No 2)

The respondents were the Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes and the appellant was a former altar boy who alleged sexual abuse by a priest at the hands of the respondents. The dispute involved the admissibility of tendency evidence in a proceeding concerning the alleged sexual abuse. The case was heard in the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the court was whether certain tendency evidence was admissible, despite it preceding the events in question by almost 20 years. The court needed to determine if the evidence had significant probative value and whether it was capable of proving facts in issue either alone or in conjunction with other evidence. Additionally, the court considered whether the evidence would cause unfair prejudice to the respondents.

The court found that the tendency evidence had significant probative value and was capable of proving facts in issue either alone or in conjunction with other evidence. The court also held that the proposed evidence did not occasion any unfair prejudice to the respondents. The court reasoned that the respondents’ statement indirectly addressed the allegations raised in the proposed evidence, which did not prejudice the respondents. Therefore, the evidence was admissible.

The court ordered that the proposed evidence was admissible and could be used in the proceeding. The court further directed that the respondents’ statement, which indirectly addressed the allegations raised in the proposed evidence, did not prejudice the respondents. The court’s decision was based on the significant probative value of the evidence and the lack of unfair prejudice to the respondents.