Marist brother on sex charges
Friday, January 18 2008 @ 03:54 AM GMT
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VICTOR VIOLANTE
A retired Marist brother who taught at Canberra's Marist College for more than a decade has been charged with sexually molesting six teenage boys in the 1980s.
John Kostka, 75, turned himself in to ACT Policing yesterday morning to face charges of sexually molesting boys while he was a teacher at the school in Pearce.
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Dressed in a pale blue business shirt and beige trousers, Kostka appeared in the ACT Magistrates Court in the afternoon where he was formally charged with 18 counts of committing acts of indecency on six teenage boys.
The court was not told whether the alleged victims were students of his at the time of the alleged offences.
Although he has been known as Brother Kostka for decades, his legal name is John William Chute.
He assumed the name Kostka when he became a brother, which is customary in the Catholic order.
Kostka had been living at the Hermitage a Marist Brothers-run retirement home in Mittagong, NSW since his retirement in 1992.
Prosecutor Joel Hiscox did not oppose bail, and Magistrate Beth Campbell released Kostka on strict conditions, including that he live in Sydney under the supervision of the region's Marist Brothers professional standards and protocol officer, Brother Alexis Turton, who was present in court.
Kostka is also not allowed to approach a child under 16, contact any of the alleged witnesses, or be near any airports.
He was also ordered to surrender his passport.
"He has come here really to do some healing, that is about all I can say, that is my impression of it," Brother Alexis said.
"Your heart goes out to people who have any complaint like this and we are committed to getting justice for everyone.
"We are fully committed to cooperating with the police."
Kostka remained silent throughout the court proceedings and as he was escorted from the court building flanked by his lawyer Greg Walsh and Brother Alexis.
It's alleged the first offence occurred in 1981 on a 14-year-old boy. He is also charged with committing three acts of indecency on a 14-year-old boy between 1986 and 1987, seven acts on a 13-year-old boy between 1986 and 1987, one act in 1986 on a 13-year-old boy, two acts in 1985 on a 13-year-old boy, and one act in 1985 on a 13-year-old boy.
Mr Walsh successfully sought an adjournment until February21, when Kostka is expected to enter pleas to the charges.
Mr Walsh said the five-week break would allow his client to test some of the "subjective issues" of the allegations, and for the prosecution to amend the charges if necessary.
The charges at present do not specify the dates that the alleged offences occurred, only the year.
It is understood the Marist Brothers are paying for Kostka's legal costs.
The charges against Kostka are unrelated to sex abuse allegations and civil action against another former Marist College and Daramalan College teacher, Paul John Lyons, who committed suicide in 2000 after he was charged with the indecent assault of a 15-year-old male student at Daramalan College in 1989.
Lyons taught at Marist College for about 12 years until he left for Daramalan in 1989.
The alleged sexual abuse by Lyons has already resulted in two undisclosed legal settlements in recent years for former Daramalan students at the co-educational Catholic school in Dickson.
None of Kostka's alleged victims were in court yesterday, but solicitor Jason Parkinson who is representing some of the alleged victims in a civil action against Kostka seeking compensation for the alleged sexual assaults was present.
Mr Parkinson is also representing the alleged victims of Lyons and two other Marist teachers in a civil action relating to alleged sex abuse dating back to the 1970s.
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http://www.canberratimes.com.au/news/...94480.aspx



