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A. It would be in the public - the public arena.<br />
Q. Perhaps if we can then scroll down. There is an email<br />
from you to him, I think, which is the beginning of that<br />
string. In the paragraph that is on the screen, "Regarding<br />
whether Kostka was an agent", do you see the third sentence<br />
says:<br />
We accept our moral liability by<br />
encouraging people to go through the<br />
Towards Healing process and we will reach<br />
mediated settlements as well but not with<br />
punitive or exemplary damages for<br />
negligence.<br />
That was the view that you held in 2008?<br />
A. Yes.<br />
Q. Is that a view you still hold?<br />
A. I'm not a lawyer, so I really am not aware of the full<br />
implications of the expression "punitive or exemplary<br />
damages for negligence", but certainly the view that we<br />
will reach mediated settlements has always been my view.<br />
Q. Was your view in 2008 that those who wished to make<br />
a complaint against a brother in respect of child sexual<br />
abuse should be channelled towards the Towards Healing<br />
process?<br />
A. Not necessarily, no. As I said in that sentence<br />
there, the idea of mediated settlements was the one that we<br />
eventually did use and have used in many circumstances.<br />
Q. By "mediated settlements", you mean a settlement or<br />
negotiations that were entered into after proceedings may<br />
have been initiated in the courts by one or more victims?<br />
A. That's one process, but there are some other processes<br />
that have been used, not in - maybe in the Sutton cases;<br />
I'm not sure - where lawyers simply contact us on behalf of<br />
clients, without necessarily registering them with the<br />
Supreme Court.<br />
Q. You instruct your lawyers on those occasions to enter<br />
into meaningful dialogue about what they are seeking?<br />
A. Yes. We would always instruct our lawyers, if the<br />
matter comes to us from a lawyer, and then it would be<br />
determined whether there is insurance cover and then the<br />
whole question as to who takes the lead in terms of the<br />
.1/07/2014 (ACT36) ACT4012 J J CROWE (Ms Furness)<br />
Transcript produced by Merrill Corporation
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