Pastor John McMartin destroyed notes he had taken of his dealings with Frank Houston as the allegations of his child sexual abuse first came to light.
McMartin testified that as he prepared his statement for the Royal Commission in 2014 he had destroyed the file he had kept on how he had been approached by Pastors Barbara Taylor and Kevin Mudford in 1998.
His appearance at today’s hearing in the trial of Brian Houston, founder of Hillsong for failing to report the pedophile actions of his father Frank Houston also discussed whether McMartin himself could have faced the same charge.
He was taken step-by-step through the events of 1998 when he first heard of allegations against an un-named high profile person in the Assemblies of God until after consulting national executive member Pastor Wayne Alcorn he approached Brian Houston the national president in Nov 1999, when he had discovered the name of the perpetrator.
“After you passed the baton on to Brian Houston, you had a clear conscience, defence counsel Phillip Boulten asked McMartin. “Has it occurred to you that you have broken the law.?”
Mc Martin: “No because I have not broken it”
Boulten: “That you could be charged with the same offence as Brian Houston?”
McMartin: “No.”
McMartin, a witness to key conversations in the early stages of knowledge of Frank Houston’s crimes being discussed in the Assemblies of God structure, spent the morning being closely questioned about what he remembers, as distinct from what documents letters and statements before the Royal Commission say.
Crown Prosecutor Gareth Harrison got McMartin to recall a meeting he set up with Brian Houston, Barbara Taylor and himself in late November 1999. “There has been an allegation made regarding child abuse” McMartin recalled telling Brian Houston.
Harrison asked: “Do you know if Brian Houston knew about the allegations?”
McMartin: “Not sure.”
Harrison: “Did Brian say he had spoken to Frank?”
McMartin: “I can’t recall. I would have said a conversation needs to be had with Pastor frank Houston, and the outcome would have been obvious. An investigation would be needed.”
Harrison took McMartin through the details of a note made by Barbara Taylor of that meeting, reading out passages and asking the witness if it jogged his memory. For example “Brian said his father would be stood down from preaching, does that jog your memory.?”
McMartin: “I can recall hearing that but I am not sure it happened in that context [at that meeting.]
Harrison: “Barbara said that it was possible the victim would go to court. Does that jog your memory?’
Harrison: “Barbara said that she would not stand with him in court. Does that jog your memory?”
McMartin: “Yes she said she would not stand with him if he went to the police but would stand with him if she said she would go the church.
Two inconstancies were revealed between McMartin and the earlier witness Barbara Taylor. McMartin was resolute in painting he had not received two letters from Taylor, although under extensive questioning he conceded there was a possibility he did not recall them. He also testified that informant Kevin Mudford stayed on his church property at Loxton park in an old house, contradicting Taylor’s assertion that he had parked his caravan there.
These inconsistencies are cropping up as more witnesses testify. However the general outline of disclosure by Brett Sengstock’s mother to Barbara Taylor, then to Kevin and Dian Mudford, who then consult McMartin is holding up,
After McMartin’s testimony that he had destroyed his notes, his testimony was interrupted as the prosecution sought a subpoena to obtain documents from his Inspire church.
Keith Ainge who was national secretary of the Assemblies of God was called to the stand. He described how Brian Houston had asked him to organise an urgent meeting of the national executive in December 1999. It was at that meeting he became aware of the allegations about Frank Houston.
Ainge said that Brian Houston told the meeting that he had received an allegation that his father, concerning child sexual abuse. The victim did not want his name released. His father had confessed and Brian Houston had immediately suspended his credential “which was his prerogative as he was the national president.”’”
The Court interrupted Ainge’s testimony to deal with the prosecution seeking a subpoena to obtain documents from Inspire church.
John McMartin’s testimony about destroying documents also revealed that his church kept many other documents in storage. This is probably why the subpoena was sought.
After an extended break a package of documents arrived, about 40mm to 50mm thick, Both parties left to look at them.
Returning from a break to examine the contents of a large envelope supplied by John McMartin’s Inspire Church defence barrister Boulten SC told the court that some of the documents in a second envelope inside marked “Royal Commission documents” might attract legal professional privilege. However, Inspire Church in supplying the documents had waived their privilege. Magistrate Gareth Christofi ruled that John McMartin’s solicitor could examine those particular documents over the weekend.