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 Two years in jail for Brother Kostka 

Two years in jail for Brother Kostka

23 Jun, 2008 02:40 PM
Former Marist College teacher and convicted child molester Brother Kostka Chute will spend the next two years behind bars after an ACT judge sentenced him for abusing six students during the 1980s.

Kostka, 76, pleaded guilty in February this year to 19 counts of indecently touching the boys between 1985 and 1989, when they were aged between 12 and 16.

In the ACT Supreme Court this morning, Kostka sat with his head bowed as Justice Malcolm Gray condemned the abuse as a gross breach of trust.

The judge said several character references from friends and former colleagues had to be viewed in the context of Kostkas offences.

"Such testimonials are not irrelevant to my approach but must be weighed against the gross breach of trust that you perpetrated," Justice Gray said.

"That trust which was reposed in you as a teacher of young children and as their custodian in place of their parents as well as that trust reposed in you as a representative of your religious order."

Justice Gray sentenced Kostka to a total of six years jail. However, only the first two years will be full-time prison. The third year will be served by weekend detention, and the remaining three years have been fully suspended.

Although Kostka pleaded guilty to 19 individual incidents, most of the charges were representative of years of daily abuse. Justice Gray said he had taken into consideration that the admitted charges were not isolated offences.

Kostka taught at Marist College in Pearce between 1976 and 1992, having joined the religious order at the age of 11. Justice Gray said he took into consideration the fact that Kostka had been sexually abused himself between the ages of 11 and 13, but added this did not excuse his conduct. Neither did the evidence from his psychiatrist, Dr Chris Canaris, that Kostkas sexual behaviour had been compulsive.

"Although Dr Canaris referred to what you were doing as compulsive sexual behaviour, unlike many other compulsions or addictions, your conduct involved vulnerable victims and is inevitably harmful to persons other than the person engaging in the behaviour," the Judge said.

Marist Brothers is also facing dozens of civil claims for compensation from alleged victims of Kostka, some of whom allege Kostka was abusing them as early as the 1970s.

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Date: Newest first | Oldest first
I believe that the sentence imposed is a joke. The decades of abuse and their frequency have obviously not been taken into account. I also hope that the Marist Brothers will come clean and admit their breach of duty of care. Unfortunately, as I attended the school in the eighties, I seriously doubt that will occur as I believe this case to be just the tip of the iceburg.
Posted by Garth, 23/06/2008 3:28:05 PM
Wishing to remain anonymous. I attended Marist Brothers Canberra during the 1980's. It was fairly common knowledge that you stayed away from Br K as he tended to take advantage of some of the more easily influenced students. He was and is a predator. Simply said, I am disgusted at the outcome of his sentencing. Although I fully agree with Justice Gray's comments, 2 years is a rediculously low sentence considering the lives he has destroyed. Marist has a lot to answer for, not only in respect Br K's crimes, but also the intimidation many other students felt during the 80's.
Posted by Anon, 23/06/2008 3:38:42 PM
Only 2 years? What a crock! I hope the victims sue Marist for all it's got.
Posted by ExStudent, 23/06/2008 4:51:21 PM
hmmm much like a certain school in redcliffe qld
Posted by xraser, 23/06/2008 6:36:16 PM
1.3% (in practical terms in prison) of the total maximum possible sentence of 185 years. Outrageous. What a slap in the face to the Canberra community, the victims and their families. This is about justice, not rehabilitation. This is about deterrence to others, not simply danger to society. Just because your old and finally get caught doesn't mean you should get off lightly. Just because you also did good things, but then used those very same good things and resulting social positioning to commit criminal acts, repeatedly, and personally informed of their impact on someone's life, doesn't mean you should be given leniency. Quite the opposite: it is a grievous, heinous and systematic breach of trust and abuse of power. Our media is dominated with outrage about photos of young girls at present. Several stories show the police arresting networks of people sourcing and storing images of minors. Here is an instance of someone actually being a long time paedophile. Actual acts against people were committed. Life's ruined. Which should attract greater outrage? Which should attract the firmer judgement of the law? Where's the justice?
Posted by Groundhog, 23/06/2008 6:39:19 PM
Disgusting he should put in JAIL FORLIFE.
Posted by Anon, 23/06/2008 7:50:22 PM
what kind of message are we sending to paedophiles??? try your luck! abuse underage kids your whole life and worst case 2 years jail(if you get caught). 2 things, the boys were underage, and he was in a position of trust. this is b/s.
Posted by bob, 24/06/2008 11:19:37 AM
Br K should go to prison for life. He should be punished for what he has done. His sentence should serve as a reminder to anyone tempted to do the same. Marist College Canberra is a good school and I will likely send my sons there. However, it's conduct regarding Br K is inexcusable. Br K's behaviour was not known to us. Had we known, we'd have taken matters into our own hands...at the very least, alerting authorities and demanding action, perhaps and quite possibly by imposing our own justice upon the man. Unfortunately, justice has not been served. I am appalled by those who have offered personal references in support of Br K. His services to the community will never compensate for stealing a child's innocence.
Posted by Steve (ex-student), 24/06/2008 11:25:08 AM
Normally, I'm inclined to ignore the moralists jumping up and down about the inadequacy of this sentence or that sentence, but this one has left me floored. How on God's earth can we have the entire country in an uproar over some consentual artworks, and yet an ACTUAL CHILD ABUSER gets sentenced to one month's jail. That's right, ONE MONTH per offence is all the time this paedophile will serve for his crimes. We may as well stick a 'paedophile friendly' slogan on the Welcome to Canberra sign. Absolutely, manifestly, outrageously inadequate.
Posted by Sanchez, 24/06/2008 12:54:15 PM
It's a sad day for the Marist Order and Marist College in particular.Sadly this is but one case. I am an ex Marist boy but went to Joeys (Sydney) and sent my son to Pearce (Marist's Canberra). I urge all readers to remember taht these people represent a very small proportion of Marist Brothers, almost all of whom have done a magnificant job. I have to agree with the previous respondents that the sentence is not representative of the harm that he has done to many young men,nor does it serve as a deterrent to others. We as a society really have to come to understand and deal with/treat the causes of this behaviour.Note that such behaviour exists in all walks of life, single/married etc... and in all social strata in western society. Obie North Queensland.
Posted by Obie, 24/06/2008 6:21:42 PM

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