Child-abuse charges laid against ex-Marist Brother

A former Marist Brother who taught in primary schools in Auckland and Invercargill has lost name suppression over 17 historic child sexual abuse charges.

Charles Afeaki argued unsuccessfully that his age, declining health and reputation in Auckland’s Tongan community meant his name should stay secret until he faces trial.

Afeaki, now 82 years old, was a member of the Catholic Marist Brothers order when he taught at the Maristowned St Paul’s College in Auckland and at Marist Brothers’ School in Invercargill in the 1970s.

He faces 17 charges of serious sexual abuse against one boy at Invercargill between 1975 and 1977, and another boy at St Paul’s between 1975 and 1977.

It’s understood Afeaki left the order shortly after this alleged offending. He later worked in adult literacy and is now retired.

Both complainants wanted Afeaki’s name published, and the Crown lawyer, Sarah Murphy, and Stuff made written submissions for his name suppression to be lifted.

Afeaki’s lawyer, Roger Eagles, argued he was ‘‘quite close to the end of his natural life’’ and that publication would cause him ‘‘significant shame and embarrassment’’, particularly with family and in the Auckland Tongan community. Eagles detailed a list of medical conditions but conceded that a report from Afeaki’s doctor did not say his health would worsen as a result of being named.

Murphy said the consequences that Afeaki would suffer from losing suppression were the ordinary consequences of the publication of criminal charges and his arguments did not meet the legal test of extreme hardship.

In a written decision, Judge Robyn von Keisenberg said the starting point was always open justice and the right of the media to report fairly and accurately on the public’s behalf.

It’s understood Charles Afeaki left the order shortly after this alleged offending.

She said Afeaki had not met the threshold for ‘‘extreme hardship’’, and that even if he had, she would have used her discretion in favour of open justice to allow him to be named.

Afeaki’s first court appearance was in November 2021. No date has yet been set for his trial, despite both counsels’ efforts.

Judge von Keisenberg urged the court registry to find a date for the judge-alone trial as soon as possible.

The wealthy Marist Brothers order owns Catholic schools nationwide as part of substantial cash and property holdings.

(In 2019, its accounts showed school assets of $97m, commercial property worth $6.4m and cash and investments worth almost $30m.)

The Brothers traditionally taught in the order’s schools, but it has only 55 surviving members, none of whom regularly work in classrooms.

The order’s significant history of sexual abuse of children was detailed in Stuff’s 2022 series A Secret History. This history included 57 settlements to sexual abuse survivors totalling $540,000 as at 2019.

As part of that series, the Brothers’ delegate, Peter Horide, issued a public apology for their conduct.