In a ruling released on Monday, the head of Australia's Royal Commission into Institutional Responses to Child Sexual Abuse, Justice Peter McClellan, accepted medical evidence of a risk to the cardinal's health if he undertook a flight from Rome to testify in person.

Cardinal Pell's lawyers had renewed an application for him to be able to testify though an audio-visual link.

His lawyers tendered medical documents to support the application.

A report was submitted from Professor Patrizio Polisca, the director of complex care emergency medicine at the "Tor Vergata" University Teaching Hospital, Rome, dated January 29.

"The report confirms the evidence previously before the Royal Commission and indicates that Cardinal Pell is suffering from hypertension (for which he is being treated), ischemic heart disease, complicated by a previous myocardial infarction, cardiac dysfunction related to the arterial hypertension and previous ischemia and some other issues not of immediate relevance," Justice McClellan's ruling stated.

Lawyers for victims had last week argued that Cardinal Pell's medical conditions are not uncommon for people of his age.

In his ruling, Justice McClellan stated that it would be preferable that Cardinal Pell fly to Australia to give evidence.

But the commission head was satisfied that doing so would pose a risk to the cardinal's health and that his condition was unlikely to improve.

Last December, Justice McClellan refused Cardinal Pell's request to testify through video link to a hearing in Ballarat for several reasons, including technical ones.

Technical difficulties have now been addressed, Justice McClellan stated on Monday.

Cardinal Pell is scheduled to testify via video link from February 29.

On Monday, Justice McClellan also ruled that the frail and ill former Ballarat Bishop Ronald Mulkearns would be required to give evidence.

But provisions could be made to allow the bishop to do so from his nursing home through video link.

Sources

• The Guardian
• Royal Commission website
• ABC
• Hills News
• ABC
• Image: Catholic Sun

On July, 10, Australia's Royal Commission on Institutional Responses to Child Sexual Abuse ordered Catholic Church Insurance (CCI) to produce the files.

CCI was ordered to provide a list of relevant material by yesterday and the files later in the week.

The royal commission held a special hearing when CCI failed to meet the deadline of a previous summons and produce all requested files.

It has handed over some folders.

The files could show exactly what the Church knew about 63 abusers in its ranks.

Counsel assisting the royal commission, Gail Furness, said the delay in getting the files was causing problems in the commission's work.

She asked royal commission chairman Justice Peter McClellan to make a new order.

Justice McClellan said he was inclined towards making an order setting aside the previous summons and requiring CCI to hand over all files on child sex abuse claims.

Peter Gray, counsel representing CCI, said folders relating to 63 perpetrators about whom the commission had originally sought information could be provided in a week.

These folders would cover claims where there was "or might have been a prior knowledge issue".

Justice McClellan said: "The commission needs the files in order to understand what the history, overall history has been in relation to denial of claims."

It has been previously reported that CCI, which is wholly owned by the Catholic Church and has charity status, has set aside up to A$150 million to settle future child sex abuse claims.

Evidence at previous royal commission hearings has revealed that CCI had a role in capping payments to abuse survivors and in requiring deeds of release so the Church could not be sued.

Sources

• SBS
• ABC
• Image: Talkandroid.com