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This was published 11 years ago

Don't jail Catholic pedophile: lawyer

AAP

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A Catholic brother pedophile who subjected a boy to two years of sexual abuse shouldn't go to jail, his lawyer has argued.

John Dennis Maguire, 71, was last November convicted of six counts of indecent assault, relating to the abuse of a student at an exclusive Sydney private school in 1983 and 1984.

The boy, who was aged 11 and 12 at the time of the sexual abuse, had oral sex performed on him and, on four occasions, was lured into a room where Maguire rubbed cream on his genitals, a Sydney court heard during a sentencing hearing.

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While the boy was sleeping in a school dorm, which Maguire was in charge of, he woke up to find the then 39-year-old half-naked, crouching next to his bed performing oral sex on him.

Maguire then took the boy into his office and continued the abuse, the court heard.

The prosecution said the offences were grave and serious and Maguire deserved jail time.

But his solicitor Greg Walsh argued a suspended sentence should be considered owing to Maguire's age, lack of reoffending and the difficult time he would have in prison.

"It is not the worst type of offending," Mr Walsh said.

He added the Maguire was a "truly a broken man".

"He regards himself as having had his life destroyed."

This submission was met with laughter from the families of victims crammed into the small public gallery.

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Mr Walsh further argued that during his 53 years as a Catholic brother, Maguire had "undertaken good works".

Former students, colleagues, family and members of religious orders had written testimonies for Maguire, which were tended in the court.

"They all speak extremely highly of his works throughout his life," Mr Walsh said.

Judge Peter Whitford will sentence Maguire on March 20.

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