Cardinal George Pell loses appeal against conviction for child sex abuse

Cardinal George Pell loses appeal against conviction for child sex

Cardinal George Pell loses appeal against conviction for child sex abuse

The most senior Catholic official to be convicted of child sexual assault, Pell was sentenced in March to six years in prison, with a non-parole period of three years and eight months, for an attack described by Chief Judge Peter Kidd as “breathtakingly arrogant.”

Lawyers for the 78-year-old cardinal immediately appealed his conviction, and in June presented 13 “solid obstacles” to a guilty verdict on all five charges, including that it was “not possible” for Pell to be alone while robed after Sunday mass and for no one to notice the boys were missing at that time.

On Wednesday, the appeals court rejected that submission, accepting that it was possible for the jury to have found Pell guilty beyond reasonable doubt, based on the evidence presented at Pell’s five-week trial last December.

“There has been vigorous and sometimes emotional criticism of the Cardinal and he has been publicly vilified in some sections of the community,” said Chief Justice Anne Ferguson as she delivered a summary of the judgment. “It is fair to say that his case has divided the community.”

From the dock in court 15, Pell showed little reaction as Chief Justice Ferguson delivered Wednesday’s verdict, which followed more than two months of deliberation between three judges who returned a majority ruling, two votes for and one against. Pell listened intently during the summary, staring straight at the judge.

Pell’s accuser, who can’t be named under Australian law, said he was “relieved” by the verdict.

“After attending the funeral of my childhood friend, the other choirboy, I felt a responsibility to come forward… I had experienced something terrible as a child, something that marked my life. I wanted at least some good to come of it,” he said in a statement read by his lawyer, Viv Waller.

The father of his childhood friend, who also can’t be identified, said the ruling had taken a “weight off his shoulders.”

“I believe in forgiveness, but you can’t forgive someone who does things like that, especially to 13-year-old children,” he said.

After the hearing, Pell was taken away to continue serving his sentence on one count of sexual penetration of a child and four counts of committing an indecent act with a child.

A statement released on his behalf said the cardinal is “obviously disappointed” with the decision and “maintains his innocence.” His legal team will examine the judgment to determine whether to challenge the ruling in the High Court, it added.

In a short statement, the Holy See acknowledged the ruling and noted that Pell has the right to appeal. “The Holy See confirms its closeness to the victims of sexual abuse and its commitment to pursue, through the competent ecclesiastical authorities, those members of the clergy who commit such abuse,” the statement said.

Cardinal George Pell is seen addressing the audience during the Opening Mass of Welcome of World Youth Day Sydney 2008 at Barangaroo on July 15, 2008 in Sydney, Australia.

Cardinal’s conviction

Wednesday’s ruling marks another twist in a story that has gripped the global Catholic community since Pell’s conviction was reported in February. Before that, reporting of his trial and verdict had been suppressed to avoid prejudicing a third potential trial, relating to different charges, that was subsequently dropped.

Pell was convicted by a 12-member jury in December, largely on the testimony of one accuser, a man now in his 30s who, as an alleged sex abuse victim, can’t be identified under Australian law. The second alleged victim died several years ago having never told anyone about the alleged attack. It was Pell’s second trial on the same charges — the first trial, also held in secret, ended in a hung jury after the jurors failed to agree on a verdict.

In taped evidence played to a closed court — to only the judge and the jury — the man told how he and his friend had snuck away from the rest of the choir to drink wine in the priest’s sacristy after mass one Sunday. Both were 13 years old at the time.

The man told the court Pell had caught them drinking wine and said something like “you’re in trouble,” according to Judge Kidd’s summary of the case. Pell then started moving something under his robe, the man said, before he sexually assaulted them, one after the other, Judge Kidd’s sentencing notes said. During the ordeal, which lasted five to six minutes, the boys were “sobbing,” the man said in his testimony. At one stage, Pell told them to be quiet, “because they were crying,” Judge Kidd recounted.

Neither boy told anyone about the ordeal, until 2015 when the man approached Victoria Police to file a formal complaint. By then, he had attended the funeral of his former friend, who had died from an accidental overdose after years of drug abuse.

The appeal

At the appeal hearing in June, Pell’s lawyer Bret Walker SC presented a long list of reasons why it was “not possible” for Pell to have committed the alleged attack. He also cast doubt on the man’s account.

In Wednesday’s ruling, Chief Justice Ferguson said she and Justice Chris Maxwell disagreed, saying the victim was “clearly not a liar, was not a fantasist and was a witness of truth.” The dissenting judge, Justice Mark Weinberg, said discrepancies in the victim’s account left him with some doubt.

Pell’s lawyers also appealed the conviction on two other grounds, which would have led to a potential a re-trial. They included that the defense should have been allowed to show an animated video and that Pell should have entered a not guilty plea in front of the jury. Both grounds were refused.

The Catholic Bishops Conference of Australia released a statement, saying “all Australians must be equal under the law and accept today’s judgment accordingly.” A Vatican spokesman told CNN on Monday that the church “awaits the results of the ongoing process and the decisions of civil justice before dealing with the case.” When Pell’s guilty verdict was made public, the Vatican said it would launch its own investigation into Pell.

Pell was granted leave from the Vatican to contest the charges. In February, after his conviction became public, the Church confirmed that his position as the prefect of its secretariat for the economy had not been renewed. And, along with two other cardinals, Pell lost his place on the Pope’s small council of advisers last year, which the Vatican attributed to his advancing age.

Pell has 28 days to appeal Wednesday’s ruling in Australia’s High Court, the country’s highest-ranking court. Any ruling made there would be final and not subject to appeal.

Cardinal George Pell loses appeal against conviction for child sex abuse

Essentially the most senior Catholic official to be convicted of child sexual assault, Pell was sentenced in March to 6 years in jail, with a non-parole interval of three years and eight months, for an assault described by Chief Choose Peter Kidd as “breathtakingly boastful.”

Legal professionals for the 78-year-old cardinal instantly appealed his conviction, and in June offered 13 “stable obstacles” to a responsible verdict on all 5 fees, together with that it was “not potential” for Pell to be alone whereas robed after Sunday mass and for nobody to note the boys had been lacking at the moment.

On Wednesday, the appeals court docket rejected that submission, accepting that it was potential for the jury to have discovered Pell responsible past cheap doubt, primarily based on the proof offered at Pell’s five-week trial final December.

“There was vigorous and generally emotional criticism of the Cardinal and he has been publicly vilified in some sections of the group,” mentioned Chief Justice Anne Ferguson as she delivered a abstract of the judgment. “It’s honest to say that his case has divided the group.”

From the dock in court docket 15, Pell confirmed little response as Chief Justice Ferguson delivered Wednesday’s verdict, which adopted greater than two months of deliberation between three judges who returned a majority ruling, two votes for and one against. Pell listened intently through the abstract, staring straight on the decide.

Pell’s accuser, who cannot be named beneath Australian regulation, mentioned he was “relieved” by the decision.

“After attending the funeral of my childhood pal, the opposite choirboy, I felt a duty to come back ahead… I had skilled one thing horrible as a child, one thing that marked my life. I needed at the least some good to come back of it,” he mentioned in an announcement learn by his lawyer, Viv Waller.

The daddy of his childhood pal, who additionally cannot be recognized, mentioned the ruling had taken a “weight off his shoulders.”

“I consider in forgiveness, however you possibly can’t forgive somebody who does issues like that, particularly to 13-year-old kids,” he mentioned.

After the listening to, Pell was taken away to proceed serving his sentence on one depend of sexual penetration of a child and 4 counts of committing an indecent act with a child.

An announcement launched on his behalf mentioned the cardinal is “clearly dissatisfied” with the choice and “maintains his innocence.” His authorized group will look at the judgment to find out whether or not to problem the ruling within the Excessive Courtroom, it added.

In a brief assertion, the Holy See acknowledged the ruling and famous that Pell has the proper to appeal. “The Holy See confirms its closeness to the victims of sexual abuse and its dedication to pursue, by means of the competent ecclesiastical authorities, these members of the clergy who commit such abuse,” the assertion mentioned.

Cardinal George Pell is seen addressing the audience during the Opening Mass of Welcome of World Youth Day Sydney 2008 at Barangaroo on July 15, 2008 in Sydney, Australia.

Cardinal’s conviction

Wednesday’s ruling marks one other twist in a narrative that has gripped the worldwide Catholic group since Pell’s conviction was reported in February. Earlier than that, reporting of his trial and verdict had been suppressed to keep away from prejudicing a 3rd potential trial, referring to totally different fees, that was subsequently dropped.

Pell was convicted by a 12-member jury in December, largely on the testimony of 1 accuser, a person now in his 30s who, as an alleged sex abuse sufferer, cannot be recognized beneath Australian regulation. The second alleged sufferer died a number of years in the past having by no means instructed anybody in regards to the alleged assault. It was Pell’s second trial on the identical fees — the primary trial, additionally held in secret, resulted in a hung jury after the jurors didn’t agree on a verdict.

In taped proof performed to a closed court docket — to solely the decide and the jury — the person instructed how he and his pal had snuck away from the remainder of the choir to drink wine within the priest’s vestry after mass one Sunday. Each had been 13 years previous on the time.

The person instructed the court docket Pell had caught them consuming wine and mentioned one thing like “you are in bother,” based on Choose Kidd’s abstract of the case. Pell then began shifting one thing beneath his gown, the person mentioned, earlier than he sexually assaulted them, one after the opposite, Choose Kidd’s sentencing notes mentioned. Throughout the ordeal, which lasted 5 to 6 minutes, the boys had been “sobbing,” the person mentioned in his testimony. At one stage, Pell instructed them to be quiet, “as a result of they had been crying,” Choose Kidd recounted.

Neither boy instructed anybody in regards to the ordeal, till 2015 when the person approached Victoria Police to file a proper criticism. By then, he had attended the funeral of his former pal, who had died from an unintentional overdose after years of drug abuse.

The appeal

On the appeal listening to in June, Pell’s lawyer Bret Walker SC offered a protracted checklist of the reason why it was “not potential” for Pell to have dedicated the alleged assault. He additionally solid doubt on the person’s account.

In Wednesday’s ruling, Chief Justice Ferguson mentioned she and Justice Chris Maxwell disagreed, saying the sufferer was “clearly not a liar, was not a fantasist and was a witness of fact.” The dissenting decide, Justice Mark Weinberg, mentioned discrepancies within the sufferer’s account left him with some doubt.

Pell’s legal professionals additionally appealed the conviction on two different grounds, which might have led to a possible a re-trial. They included that the protection ought to have been allowed to point out an animated video and that Pell ought to have entered a not responsible plea in entrance of the jury. Each grounds had been refused.

The Catholic Bishops Convention of Australia launched an announcement, saying “all Australians should be equal beneath the regulation and settle for as we speak’s judgment accordingly.” A Vatican spokesman instructed CNN on Monday that the church “awaits the outcomes of the continued course of and the choices of civil justice earlier than coping with the case.” When Pell’s responsible verdict was made public, the Vatican mentioned it might launch its personal investigation into Pell.

Pell was granted depart from the Vatican to contest the fees. In February, after his conviction turned public, the Church confirmed that his place because the prefect of its secretariat for the economic system had not been renewed. And, together with two different cardinals, Pell misplaced his place on the Pope’s small council of advisers final yr, which the Vatican attributed to his advancing age.

Pell has 28 days to appeal Wednesday’s ruling in Australia’s Excessive Courtroom, the nation’s highest-ranking court docket. Any ruling made there can be closing and never topic to appeal.

Facts Source: https://www.cnn.com/2019/08/20/australia/cardinal-george-pell-intl-hnk/index.html

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