Two former Marist College Canberra teachers have been committed to stand trial in the ACT Supreme Court for allegedly sexually abusing boys at the school in the 1980s.
Ex-Marist brothers John William Chute, 84, and Gregory Joseph Sutton, 65, were among four men police charged with fresh offences as part of an ongoing investigation into historical child sexual abuse in ACT schools.
Chute, also known as Brother Kostka, is facing six charges of indecent assault and two acts of indecency for offences allegedly committed against two students over several years from 1980.
He taught at numerous Marist Brothers high schools and colleges before he moved to the Pearce college in 1976, according to a police statement of facts tendered in court.
The documents said the abuse against one of the alleged victims began when Chute touched the boy's genitals from behind as the child patted the teacher's labrador at school one day in 1980.
Another time, later that year, Chute allegedly touched the same boy's genitals over his pants as they sat in chapel. On another occasion he inappropriately touched the child beneath his underwear in the monastery, court documents said.
A second alleged victim claimed Chute had fondled his genitals after giving him a bear hug when he returned a borrowed cassette tape to his office in 1985.
That same year he allegedly touched the same boy inappropriately during class on dozens of occasions.
Chute has not yet entered pleas. He appeared briefly in the ACT Magistrates Court on Tuesday, with the help of a walking frame, and Magistrate Robert Cook committed him to stand trial.
His defence lawyer, Greg Walsh, signalled he would likely make an application once the case had moved to higher court that his client was unfit to plead, noting Chute had been found unfit to plead in the NSW District Court.
The court previously heard he was infirm and suffered from Parkinson's disease and dementia.
Mr Cook also committed Sutton, who was present in court, to stand trial on three charges of indecent assault.
The court heard those charges also related to two children, one of which was the same boy Chute was accused of abusing, for offences that allegedly took place between 1980 and 1985.
Some of the assaults were alleged to have been committed against a male student, who was aged 10 at the time, in Sutton's classroom in 1980.
The documents said the defendant had model trains set up in his office, which attracted students.
One one occasion, Sutton allegedly placed a chair in front of his classroom door before he approached the boy and touched his genitals.
Sutton is then alleged to have said: "You'd better not tell anyone what happened ... This is our secret."
He allegedly touched the boy inappropriately on two more occasions in the classroom in the days that followed. The third time the boy allegedly said to him: "No, this is – it's just not right," before pulling away and telling Sutton, "No".
Mr Walsh indicated Sutton did not want to enter pleas yet as the matters would likely ultimately be for sentence.
Both cases will come before the Supreme Court at a later date.
Past abuse by Sutton and Chute at schools associated with the Catholic Marist Brothers organisation, including Marist College Canberra, was closely examined during the ACT hearings of the child sexual abuse royal commission.
The royal commission found the organisation moved Sutton and Chute to different schools when it received complaints they were inappropriately touching children.
The commission found Marist Brothers' actions enabled Sutton and Chute to continue to access children throughout the 1980s and early 1990s.
ACT Policing set up Operation Attest in February last year in response the royal commission.