A man is suing the Catholic Church for $6 million, claiming it is vicariously liable for sexual abuse he says he suffered 50 years ago.
Alan Rowe, 60, said Father Kevin Johnston abused him as an 11-year-old altar boy at St Patrick's Cathedral in Bunbury, Western Australia.
Fr Johnston died in December 2021 and the church has denied abuse took place.
In September, the WA District Court set a trial date for Mr Rowe's claim against the Catholic Church in December next year.
If successful, it will be among the highest pay-outs made by the Catholic Church for a single case.
The case follows what lawyers have claimed was the first successful ruling against the Catholic Church for vicarious liability, in Victoria last year.
'No-one would believe you'
Mr Rowe said he had spent more than 20 years attempting to make the Catholic Church accountable for what he alleges happened to him as a child.
"Priests were pillars of society then — it doesn't matter what you said, no-one would believe you," he said.
"I started taking drugs … I turned into a wild child."
Mr Rowe overcame a decade-long heroin addiction, before confronting Fr Johnston in the 1990s, who denied the abuse.
In court documents, Mr Rowe's lawyers stated a letter Fr Johnston later wrote to Mr Rowe in 1997 was in fact an admission.
"In the light of all that transpired during our recent meeting, and having listened to your sad recollection of what happened on an occasion in the early 1970s, as you recall the event, I sincerely regret that I should be in any way the cause of such sorrow to you," Fr Johnston wrote.
"This is a matter of deep sorrow to me as well. I sincerely apologise and ask your forgiveness."
In 2005, The Catholic Church — still denying any liability — gave Mr Rowe a $15,000 ex-gratia payment.
Mr Rowe said be believed Fr Johnston was remorseful.
"He's forgiven — but the Catholic Church is not," he said.
Substantial claim for pain and suffering
Court documents show the claim was being made on the grounds of vicarious liability — specifically alleging that the Roman Catholic Bishop of Bunbury was liable for the actions of its priest 50 years ago.
Mr Rowe was only able to take action because Western Australia in 2018 lifted the three-year statue of limitation for alleged survivors of childhood abuse to make civil claims.
Sydney-based lawyers Ross Koffell and Greg Choat said it was highly unusual for sexual cases against the Catholic Church to head to trial, with most settled out of court.
They confirmed the claim was upwards of $6 million.
Mr Choat said the claim was to cover lost earnings and a substantial claim for pain and suffering.
"He's a very bright fellow, who had an outstanding future," he said.
Bishop declines to comment
The WA District Court has not allowed the ABC to obtain a copy of the Catholic Church's statement of defence, but it is understood the church continues to deny liability and is not admitting any abuse by Fr Johnston took place.
In an email, Bunbury Bishop Gerard Holohan told the ABC in view of the court proceedings, it was "inappropriate to discuss the matter at all, and I decline to do so."
In 2008, he told the ABC that Fr Johnston had strenuously denied sexually abusing Mr Rowe.
"Regarding the letter of apology, Father Johnston has advised on more than one occasion that this letter, written without a specific context, was not an apology for any action of abuse," Bishop Holohan said at the time.
A big claim over 'a big issue'
Mr Rowe said he was relieved a trial date had been set.
"It's a big claim, but it's also a big issue," he said, of the $6 million figure.
"It's been a long, traumatic, drawn out event, but now that the trial date has been set it has become somewhat easier.
"We know there's a finish line."
