PORNOGRAPHIC homosexual magazines and videos were found in the presbytery of a Hunter Valley Catholic priest later convicted of sexually assaulting a boy, a police whistleblower has told a special NSW commission of inquiry.
Detective chief inspector Peter Fox says a member of the Branxton Lochinvar parish told him he came across the material when he helped Fr James Fletcher move items from Branxton to Lochinvar in early 2003.
In the course of investigating child sexual abuse allegations against Fr Fletcher, Det Insp Fox asked him later that year about the magazines and videos.
"He said they belonged to a priest who had previously lived in the presbytery," Det Insp Fox told the commission on Tuesday.
"Pornography is not illegal but it's highly unusual that a member of the clergy have this type of material."
Det Insp Fox said he then spoke to a priest who had been based at Lochinvar, Fr Des Harrigan, who told him Fr Fletcher had given him the magazines and videos and he destroyed them.
A barrister assisting the commission, Julia Lonergan, asked Det Insp Fox: "Were you informed by another person that it was their own pornography?"
"Yes," Det Insp Fox said.
"And did you believe them?"
"No," he said.
Det Insp Fox said he never saw the magazines or videos but believed they would have assisted his investigation of Fr Fletcher.
He said he eventually laid more than 60 charges against Fr Fletcher and after a discussion with a representative of the Director of Public Prosecutions office these were reduced to nine more serious offences.
In 2008 Fr Fletcher pleaded not guilty in the district court but a jury found him guilty of all nine charges.
Two appeals against his conviction failed and Fr Fletcher died in jail.
In evidence earlier in the day before commissioner Margaret Cunneen, Det Insp Fox said he suspected Maitland Newcastle Bishop Michael Malone "deliberately" tipped off Fr Fletcher in 2002 about police investigating child sexual abuse allegations against him.
The commission, which was triggered by assertions that the church covered up abuse crimes, is looking at how police and church officials handled sexual abuse allegations involving Fr Fletcher and another Hunter Valley priest, Denis McAlinden.
Det Insp Fox said the mother of one of Fr Fletcher's victims rang him in a distraught state, saying she was told that Bishop Malone, Fr Harrigan, Monsignor Jim Saunders and Fr Bill Burston were at the meeting when Fr Fletcher was told of the investigation.
In addition, Bishop Malone also told Fr Fletcher the name of the victim, the victim's mother said.
Det Insp Fox said that when he asked Bishop Malone about why he had gone out to speak to Fr Fletcher, he said was concerned about Fr Fletcher's welfare and wanted to offer him pastoral care.
"I told him that if he hadn't told him (Fr Fletcher) that there was a police investigation he wouldn't be upset," Det Insp Fox said.
When asked whether he thought Bishop Malone's actions were a deliberate attempt to interfere with the investigation, Det Insp Fox said "it seemed fairly deliberate" as the warning gave him a chance to get his story together and took away the police investigator's element of surprise.
The commission continues on Wednesday and is expected to run for two more weeks.