Doubts emerge as sacked teacher sues church
A MATHEMETICS teacher's "convoluted theory" at the heart of a lawsuit against the Catholic Church has been heard in a Cairns court.
Former teacher Marius Lucian Tutos has alleged that his career was "irreparable (sic) damaged" in 2017 after he told the Cairns Catholic Diocese that Good Counsel College had reused the same maths tests and prepared students to answer them.
The church has applied in Cairns District Court to have the matter dismissed, arguing that Mr Tutos' "convoluted theory" that the school and diocese were in breach of contract had no basis and that he had not detailed any loss or damage as a result of the argued breach in his claim filed to the court.
Counsel for the church argued that Mr Tutos' claim was dogged by tracts of narrative.
The court heard the "lack of objective material fact failed to establish a course of action" and "baffled the reader".
The church has argued that Mr Tutos was not dismissed, but resigned.
Mr Tutos was not present in court to argue his case but instead relied on his emails to the court to support his claim.
Earlier this year the court discovered that Mr Tutos had left Australia and was living somewhere in Romania.
In documents filed in Cairns District Court, Mr Tutos claimed he witnessed "violations of the law" at Good Counsel College ... "that affected my professional activities in class and my students". Mr Tutos has alleged he was targeted by a transitional leadership team at Good Counsel after the principal and two deputies were removed in December that year.
"A defamation process has been conducted, with significant consequences for dignity and reputation," Mr Tutos claimed. He alleged he discovered "violations of the law" at the college.
"In internal school assessments for each year level, the exam paper offered to schoolchildren was identical ... unchanged since 2012," he said.
He has filed for compensation of $350,000 for defamation, and of $120,000 for "deterioration of my health".
Judge Tracy Fantin took a lenient view of Mr Tutos' written material, given he was a self-represented litigant arguing a case in a second language.
"I have no doubt that the language is clumsy and verbose ... but this is not going to determine the outcome at the end of the day," Judge Fantin said.
She has reserved her decision.