Former Bathurst priest Brian Spillane has has launched a bid to quash his conviction by claiming he faced an unfair trial.
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Spillane, a former chaplain at St Stanislaus’ College, was sentenced to nine years in prison earlier this year for abusing three girls, one as young as eight, in the 1970s and 1980s.
His lawyer, Greg Walsh, has prepared a series of documents outlining why the conviction should be overturned.
The case will be heard in the NSW Court of Criminal Appeal in April next year, around the same time the Royal Commission into child sex abuse will be lifting the lid on decades of crime and cover-up.
Mr Walsh this week claimed Spillane, 69, was wrongly convicted.
“I’ve been a lawyer for 35 years and I don’t think I’ve seen a more unfair trial in my experience,” he said.
One Spillane victim was the 11-year-old relative of male students known to Spillane.
During court proceedings, it was revealed Spillane abused her at a north-west NSW country town.
The other victims were from Sydney where the priest worked before returning to Bathurst in about 1984. One of the offences occurred when Spillane was in the victim’s bedroom for night-time prayers.
Mr Walsh conceded the national focus on child sex abuse would sharpen reaction to Spillane’s bid for freedom.
“This appeal will be determined by, probably, three very experienced judges,” he said.
“I would have every confidence those justices would not be influenced by the media, they would not be influenced by the current publicity about the Catholic church and paedophilia.
“Most members of the public may believe this appeal should not be upheld because he’s a former priest and he’s been convicted of paedophile-type offences.
“But I’m sure there are other members of the public ... who subscribe to the view Mr Spillane is entitled to a fair (appeal) and would get a fair hearing.”
Bathurst police fielded the first complaints about Spillane and he was charged in 2008.
He was convicted in late 2010 but his sentencing only occurred in April this year because Mr Walsh was attempting to have former NSW District Court judge Michael Finnane disqualified from presiding over the case.
Mr Walsh had signed a statutory declaration claiming Judge Finnane told him at a 2011 social function that paedophiles were “all guilty” and should be “put on an island and starved to death”.
Judge Finnane denied making the statements and the legal bid to have him removed was lost. The alleged comments are one of nearly a dozen grounds for the appeal.