RSK.0001.001.0032_R

TERRENCE JAMES LUTHY

-V-

SALVATION ARMY

MEMORANDUM OF ADVICE

Romano Satsia Kordis - Legal GPOBox1952 CANBERRA ACT 2001

Ref: Mr A Satsia

RSK.0001.001.0033_R

TERRENCE JAMES LUTHY

-V-

SALVATION ARMY

MEMORANDUM

Introduction

1. I refer to the conference with Mr Bartley, SC on 22 November 2007.

2. Mr Luthy signed a Deed of Release on 23 May 2005 on payment of

by the Salvation Army. Mr Luthy advised he did not retain

any documents or obtain legal advice on the offer prior to acceptance.

However, it seems some advice from a Mr Mallas was received. A full

copy of the file should be obtained in order to advise him on the

enforceability of the Deed.

Background

3. Terrence Luthy was born on; REDACTED 1951. His mother died in 1955

and he was left in the care of his older sister who was on a disability

RSK.0001.001.0034_R

2

pension. Subsequently he was cared by a school teacher. I note he

also alleges some abuse prior to his transfer to the Gill Memorial Home

for Boys run by the Salvation Army. (The First Defendant). Detailed

instructions and a statement needs to be obtained from the Plaintiff

outlining not only the abuse by the Salvation Army Home but also that

by his previous carer to ensure there was no contribution of the early

abuse to his present condition. Once again I remind my instructing

solicitor the contents of the statement in this case shall be vital to the

success or otherwise. It needs to be specific and the details correct.

4. Mr Luthy advises he was given a number 23 on admission to the

Home. On 26 October 1965 (Tab 1 OJ with his guardian being Vivian

Norman. Significantly the medical report on admission was that he was

a normal healthy child. Miss Norman agreed to pay 2 pounds per week

towards Mr Luthy's maintenance by the Home. In my view this creates

a fiduciary relationship.

5. During his time at the home the Plaintiff alleges he was physically and

psychologically abused by both Captain 1x11 I (Second

Defendant) and Majorlx3 I (Third Defendant).

6. There are a number of statements in the brief outlining the assaults and

abuse which include:

(a) Being punched in the face;

(b) Being hit with the cane;

RSK.0001.001.0035_R

3

(c) Being forced to kneel on the floor with~lx_11 ___ ~I riding

on his back until he would collapse. (This has led to

continuing back problems now. Details of the back

problems and treatment are required).

(d) Being beaten with a closed fist, open palm and cane to

the back and buttocks by1x11

~----

(e) Psychological abuse.

7. I note on 26 August 2004 correspondence was forwarded by the

Defendant admitting cruelty happened and generally apologizing.

8. A detailed statement from Mr Luthy is required to outline with further

specificity the abuse and particularly whether he witnessed sexual

abuse of other children. If that is the case it should be included in the

enclosed Statement of Claim.

9. Further, medical documentation is needed in respect to the back injury

sustained by Mr Luthy and also the psychological injury.

1 O. Once again I refer to the discussions with Mr Bartley, SC and the

numerous experts suggested for treatment and the provision of a

medical report for Mr Luthy. I am happy to discuss that with you and

settle the Statement of Claim after the statement has been obtained.

Ian Bradfield Barri!}."-' i

Date: ... tJ/,,1./.tJJ:-