Pell - CathNews New Zealand https://cathnews.co.nz Catholic News New Zealand Thu, 14 Nov 2019 08:03:12 +0000 en-NZ hourly 1 https://wordpress.org/?v=6.7.1 https://cathnews.co.nz/wp-content/uploads/2020/05/cropped-cathnewsfavicon-32x32.jpg Pell - CathNews New Zealand https://cathnews.co.nz 32 32 70145804 Cardinal Pell gets another chance https://cathnews.co.nz/2019/11/14/pell-leave-to-appeal/ Thu, 14 Nov 2019 07:06:19 +0000 https://cathnews.co.nz/?p=122950

Two Federal High Court Justices, Michelle Gordon and James Edelman, Wednesday, gave Cardinal George Pell another chance to appeal his conviction for abusing two choirboys at St Patrick's Cathedral, Melbourne. Of the 22 applications listed on November 13 to appear before the High Court, Pell's is the only one to be granted. The two High Court Read more

Cardinal Pell gets another chance... Read more]]>
Two Federal High Court Justices, Michelle Gordon and James Edelman, Wednesday, gave Cardinal George Pell another chance to appeal his conviction for abusing two choirboys at St Patrick's Cathedral, Melbourne.

Of the 22 applications listed on November 13 to appear before the High Court, Pell's is the only one to be granted.

The two High Court Justices, have not given Pell leave to appeal against his conviction, rather they referred his case to the full bench of the Court.

Pell's lawyers will now need to argue why his conviction should be overturned and the defence - why it should be upheld.

The full bench of High Court judges can either grant or reject Pell's leave to appeal, reports Tesa Akerman in The Australian.

"If the court grants Pell leave to appeal, it will then determine whether his appeal case stands up."

"The court could grant leave to appeal but then reject that ground of appeal."

"If the court hears the appeal and grants an appeal on one or more grounds, there are three potential outcomes."

"The court can order a retrial."

"The court can order an acquittal."

"The court can send the case back to the Victorian Court of Appeal for consideration", reports Akerman.

While counsel for both parties will be informed where to focus their legal comments, the judge's reasons for granting leave to appeal will not be publicly announced.

Monumental tests for Church and legal system

In describing the High Court's decision as "extraordinary", Associate Editor of The Australian, John Ferguson says Pell's convictions are not only a monumental test of the Catholic Church but an equally monumental test of the Australian legal system.

Calling the High Court decision "extraordinary but sensible" he says there have always been two sides to this story, yet so compelling, the accusations have survived the test of three courts, John Ferguson continues.

Pell's lawyers argued that "the fallen cardinal" was asked to prove the impossible by two appeal court judges.

In doing so the Court of Appeal mistakenly reversed the onus of proof, forcing him to prove it was impossible to sexually assault the two choirboys.

In their application, Pell's barristers Bret Walker SC and Ruth Shann said the two judges in Victoria's Court of Appeal who upheld­ Pell's convictions "erred by finding their belief in the complainant required (Pell) to establish the offending was impossible in order to raise and leave a doubt".

Walker and Shann further argue there was reasonable doubt about the existence of an opportunity for the attack to have occurred.

Chief judge Anne Ferguson and the president of the court Chris Maxwell found the surviving choirboy was a truthful witness and the prior conviction should stand.

However, Judge Mark Weinberg found the complainant embellished his account at times and expressed surprise that testimony from one accuser outweighed 20 witnesses produced to testify against his narrative.

"Even the ‘reasonable possibility' that what the witnesses who testified to these matters may have been true must inevitably have led to an acquittal," Weinberg wrote, concluding that Pell had, in effect, been improperly asked to establish the "impossibility" of his guilt and not merely reasonable doubt.

Weinberg would have acquitted Pell and it is said legal insiders have described the Weinberg judgment as an effective letter to the High Court to seriously examine the Pell convictions.

While it has always been possible Pell offended, and the decision of three courts tends to confirm this, Ferguson asks whether it was beyond reasonable doubt that Pell assaulted the boys in those circumstances?

Victim's father comments

The Father of Pell's victim is "gutted" by the decision.

"He was really hopeful that this would be over for him today because as the process goes on, and has gone on for some time, it is extremely re-traumatising for him," said Lisa Flynn of Shine Lawyers said.

Pell's spokesperson - no comment

In a statement, a spokesperson for Pell said that following the High Court's decision to grant leave to appeal because the matter is now still before the court we are unable to comment.

Legal reaction

Jeremy Gans, Professor in Melbourne Law School, University of Melbourne, says the High Court had responded in "basically the same'' way as a grant of leave.

"Pell and the DPP will make their arguments before five or seven justices. A majority of the justices will decide which side wins,'' he said on Twitter.

"A referral (instead of a grant) is rare. And the court never explains why it does this.'

"And it never seems to matter. But, for what it's worth, it means that the court has not yet decided that the case is actually worth deciding, just that it's worth hearing. Go figure.''

Commenting the High Court heard a very limited number of cases, former prosecutor Nick Papas QC believes the documents filed in the special leave application made it "pretty much" the case that the High Court would grant leave.

"It had that feel to me that there was an important point to be tried," he said.

Papas said the case might well highlight important legal principles to be tried; significant for other sexual assault cases.

However, he warned against predicting the outcome of the appeal based on 'simply' granting leave.

"It doesn't mean anything; it means there's an interesting legal point."

"It's very interesting."

"It shows there's a real point to be tried," he said.

Deakin Law School associate professor Theo Alexander expressed surprise at the High Court's decision.

"But given who it is, I imagine they're crossing the Ts and dotting the Is," he said.

"If you didn't have Justice Weinberg's dissent, there would be nothing in it. But of course there's dissent in other matters, and they don't grant leave."

"There's no overarching High Court test for appeals," he said.

Church leaders' look for clarity

Bishop Mark Coleridge, president of the Australian Catholic Bishops Conference, hopes the High Court could bring clarity to the subject.

"All Australians have the right to appeal a conviction to the High Court. Cardinal George Pell has exercised that right, and the High Court has determined that his conviction warrants its consideration,'' he said.

"This will prolong what has been a lengthy and difficult process, but we can only hope that the appeal will be heard as soon as reasonably possible and that the High Court's judgement will bring clarity and a resolution for all.''

Sydney archbishop, Anthony Fisher welcomes the High Court decision.

"The Cardinal has always maintained his innocence and continues to do so, and the divided judgment of the Court of Appeal reflects the divided opinion amongst jurors, legal commentators and within our community," he said in a statement.

"Many questions remain, and it is appropriate that these will be examined by our highest court.

"For the sake of all involved in this case, I hope that the appeal will be heard as soon as possible".

Vatican respects justice system

On Wednesday morning, the Vatican also issued a statement "reiterating its trust in the Australian justice system."

"The Holy See acknowledges the decision of Australia's High Court to accept Card. George Pell's request of appeal, aware that the Cardinal has always maintained his innocence," the statement said.

"At this time, the Holy See reaffirms once again its closeness to those who have suffered because of sexual abuse on the part of members of the clergy."

Friends of Pell

Friends of Pell have reacted cautiously to the High Court's decision.

"There is a deep sense of caution because of the way the case had unfolded, since he was charged on June 29, 2017", one close friend told The Australian.

Cardinal Pell

Pell was not in court to hear the decision.

Pell's lawyers met with him today at the Melbourne Assessment Prison, where for his own safety he is in solitary confinement.

He is said to be buoyed by the High Court's decision.

While Pell is entitled to apply for bail and is said to be considering his options.

The court has not set a date to hear the case, but reports say it is unlikely to happen before March 2020.

Sources

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Not just George Pell is on trial https://cathnews.co.nz/2017/10/12/100723/ Thu, 12 Oct 2017 07:11:01 +0000 https://cathnews.co.nz/?p=100723

Here is the lead role in the tragedy - Cardinal George Pell - having to endure the humiliation of facing charges for alleged sexual abuse. The October 6th "mention" at the Melbourne Magistrates Court did not specify charges but reported that there would be up to 50 witnesses testifying in court proceedings. The "mention" occurs Read more

Not just George Pell is on trial... Read more]]>
Here is the lead role in the tragedy - Cardinal George Pell - having to endure the humiliation of facing charges for alleged sexual abuse.

The October 6th "mention" at the Melbourne Magistrates Court did not specify charges but reported that there would be up to 50 witnesses testifying in court proceedings.

The "mention" occurs to set a date for the committal hearing which establishes whether Pell has a case to answer and provides rules so that all parties have access to the available evidence.

The process is likely to drag on for a long time. After the committal hearing, trials may follow for each of the charges or clusters of them if there be a collection that can be broken up into different trials.

It's a process that will attract intense, global attention from the media.

Cardinal Pell's profile has been high for decades. Now he's an object of international interest after his web televised appearance before the Royal Commission into the abuse of minors in institutions.

Whatever the outcome of the legal process, charges against clerics, whether proven or dismissed, stick in the popular imagination.

Once the finger is pointed at a cleric on sexual matters, the game is up and his life in the chosen profession is finished.

What's more, for Pell, his life in the Vatican is over as these court proceedings will extend well beyond his current contract there.

When Cardinal Pell is charged, under the rules that now apply to Catholic clerics in Australia, he will not be allowed to operate as priest - celebrating a public Mass, bless weddings, etc.

What is tragic in the Greek sense of what is happening to Pell is that here is a person who for thirty years has created his profile.

He also linked his considerable ambitions to being the re-maker of Catholicism in Australia and, through his international alliances, in the global Church. Continue reading

  • Father Michael Kelly SJ is executive director of ucanews.com and based in Thailand.
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Cardinal George Pell charged: what a mess https://cathnews.co.nz/2017/07/06/cardinal-george-pell-charged-mess/ Thu, 06 Jul 2017 08:12:08 +0000 https://cathnews.co.nz/?p=95907

In December, the Australian Royal Commission into child sex abuse in institutions will make its final report. But already enough has been revealed in interim reports to suggest that it will make very challenging reading for Catholics not just in Australia but worldwide. And a recently published book has focused on victims, responses by Church Read more

Cardinal George Pell charged: what a mess... Read more]]>
In December, the Australian Royal Commission into child sex abuse in institutions will make its final report.

But already enough has been revealed in interim reports to suggest that it will make very challenging reading for Catholics not just in Australia but worldwide.

And a recently published book has focused on victims, responses by Church authorities and the central role of Cardinal George Pell.

The royal commission set out to examine the way institutions like schools, churches, sports clubs, police, community, and government organizations have historically responded to allegations of child sexual abuse.

The raw statistics tell a sorry tale.

The royal commission - a top-level official inquiry with the power to force witnesses to testify and produce evidence - has found that between 1950 and 2010 a total of 4,444 people made complaints of child sexual abuse to 93 Catholic Church authorities concerning 1880 perpetrators.

The context is important: the Catholic Church educates over 25% of school-aged children in the country and has been significantly represented in the provision of children's services through its social welfare networks - orphanages, youth programs and hostels, parish-based groups, etc.

In Australia, the average age of victims was 10.5 years for girls and 11.6 years for boys.

Some 7 percent of Australian priests working during those years had complaints made against them to the Church.

In Melbourne Archdiocese, the number was 8.1 percent. Among the teaching order known as the Christian Brothers, it was 20 percent.

Child sexual abuse is not an evil unique to Australia but elsewhere in the world, the accepted figure is 2 per cent.

A cause of deep sadness and even deeper shame is the Church's response.

Throughout most of the 60-year period the royal commission analyzed, the Church did nothing to help.

It denied, it covered up, it shuffled priests from parish to parish to push the problem away. And even though Church authorities had knowledge of serious crimes, they failed to alert the police.

Good people did become involved and individual priests, bishops, and nuns helped victims. But there was no formal action until well into the 1990s when Cardinal (then Archbishop) Pell started a program called the Melbourne Response.

It was followed quickly by a national assistance scheme known as Towards Healing.

Cardinal Pell has become the focal point of the whole controversy over child sexual abuse in Australia through a mixture of circumstance, personality, his own words and actions - and accusations by others.

The Cardinal has become a lightning rod to which people attach their anger (and sometimes without real justification). Continue reading

  • David Armstrong is an Australian semi-retired journalist and editor resident in Thailand.
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