George Pell has lost his appeal. What did the court decide and what happens now?



George Pell’s appeal on child sexual abuse convictions has been dismissed.
AAP/Erik Anderson

Ben Mathews, Queensland University of Technology

Victoria’s Court of Appeal today delivered one of the most significant judgments in Australian legal history, dismissing Cardinal George Pell’s appeal against convictions for five child sex offences.

Given Pell’s seniority in the Catholic Church as a former Vatican treasurer, the case is also of worldwide significance. The appeal involved complex legal principles. Here is what you need to know to understand the judgment.

What happened before this appeal?

In December 2018, a jury unanimously found Pell guilty of five sexual offences against two 13-year-old boys, committed while Archbishop of Melbourne. As detailed in the sentencing remarks of County Court Chief Judge Kidd in March 2019, Pell was found guilty of one count of sexual penetration of a child aged under 16 through forced oral sex, and four counts of an indecent act with or in the presence of a child aged under 16.

The first offences were committed in the sacristy of St Patrick’s Cathedral after mass in December 1996. The final offence was committed against one of the boys around one month later. Both victims were choirboys and recipients of choral scholarships at an elite school.




Read more:
We knew George Pell was guilty of child sex abuse. Why couldn’t we say it until now?


Pell was sentenced to six years’ prison with a non-parole period of three years and eight months.

In reaching a verdict, the jury relied on detailed evidence of one of the victims about what Pell said and did, and when and where it happened. The other victim began using heroin at age 14 and died of a heroin overdose in 2014, aged 31. This man’s death prompted the surviving victim, aged in his early 30s, to approach police in 2015.

Is it normal for survivors of child sexual abuse to delay disclosure?

Yes. Survivors often disclose only after a significant delay and are reluctant to tell legal authorities. Australia’s Royal Commission Into Institutional Responses to Child Sexual Abuse found that, for those in private interviews, 57% first disclosed as adults and it took an average of 31.9 years to disclose.

A 2013 study of 487 men whose mean age of onset of abuse was 10, found the mean age when first telling was 32.

Is it a problem that the prosecution relied on the complainant’s evidence?

No. Child sexual abuse typically is inflicted in secret, without other evidence, so prosecutions often depend heavily on complainant testimony. The law recognises this: evidence does not have to be corroborated, and the judge must not warn the jury it is dangerous to act on uncorroborated evidence.

Juries make judgments based on the complainant account’s credibility, consistency, detail and truthfulness, and responses and demeanour in cross-examination.

What did Pell argue in the appeal?

There were three grounds of appeal. Two were procedural or technical: the plea of not guilty was not made in the presence of the jury panel; and the defence was not permitted to play a “visual representation” of part of its argument in its closing address.

Essentially, both arguments claimed a “substantial miscarriage of justice”. The court unanimously rejected these arguments.

But the main argument was that the jury’s verdict was “unreasonable or cannot be supported having regard to the evidence”. Pell’s appeal argued it was not open to the jury to be satisfied of guilt, beyond reasonable doubt, based solely on the word of the complainant.

It also argued that it was not possible for Pell to have been in the sacristy either at all, or by himself; it was not possible for the boys to have been in the sacristy unnoticed; and the robes he wore made it impossible to offend in the way claimed.

What was the Court of Appeal required to do when considering this argument?

The law is complex, and whether a verdict is “unreasonable” depends on legal technicalities, not intuitive instincts. Four legal principles need to be understood here.

First, and most important, there is a very high threshold for a court to overturn a jury’s guilty verdict for being unreasonable (see, for example, M or Baden-Clay). This is because, in Australian law, the jury is the constitutional tribunal of fact responsible for deciding guilt or innocence. A verdict will only be overturned in exceptional circumstances showing a clear miscarriage of justice.

Second, the test is whether, on the evidence, it was open to the jury to be satisfied beyond reasonable doubt the accused was guilty.

To win the appeal, the appellant must show the guilty verdict was not open to the jury. It is not sufficient for the court to find a jury might have had reasonable doubt. The evidence must mean no reasonable jury could have returned a guilty verdict; it must have “obliged” them to reach a not guilty verdict.

Third, the appeal court does not retry the case – again, because the jury is the tribunal of fact. The court must independently assess the evidence, but to determine whether the guilty verdict was open to the jury; not simply whether the court itself has a doubt.

Fourth, if a complainant is credible and reliable and the account is detailed, consistent and plausible, it is difficult for an appeal to succeed. On plausibility, courts have accepted that sexual offending can be brazen, influenced by the abuser’s arrogance, power and belief the child will not make a complaint.

What did the Court of Appeal say about this?

The judges rejected it by a majority of two to one. They found the guilty verdicts were reasonable, because they were open to the jury on the whole of the evidence.

The court said there was nothing about the evidence that meant the jury must have had reasonable doubt. It was not enough that one or more jurors might have had a doubt. Moreover, the court did not itself have such a doubt.

The complainant was found to be compelling, clearly not a liar or fantasist, and a witness of truth. He did not embellish the evidence or tailor it to the prosecution. He adequately explained things he could not remember and his explanations had a ring of truth.

What can happen now?

Pell can seek special leave to appeal to the High Court. If the High Court denies permission, the matter is finalised; if given, it will later deliver a final judgment.




Read more:
The Catholic Church is investigating George Pell’s case. What does that mean?


Save for a successful appeal in the High Court, Pope Francis will likely expel Pell from the priesthood. The family of the second survivor is suing him and or the church for civil damages, as may others. Pell will remain in jail.

It is exceptionally difficult for survivors of child sexual abuse to bring successful criminal complaints, especially against powerful offenders. This judgment may encourage other courageous survivors to make complaints.

Yet many systemic reforms are still required to better facilitate prosecutions of child sexual offences.The Conversation

Ben Mathews, Professor, School of Law, Queensland University of Technology

This article is republished from The Conversation under a Creative Commons license. Read the original article.

George Pell Loses Appeal


The Catholic Church is investigating George Pell’s case. What does that mean?


Ian Waters, University of Divinity

Cardinal George Pell was this week sentenced by a Victorian court to six years’ jail for sexually abusing two choirboys, with a non-parole period of three years and eight months.

Although Pell was found guilty of the charges against him in December, he has remained a Cardinal in the Catholic Church. The Church previously said it would await the outcome of an appeal before taking action, but it has since confirmed that an investigation of Pell’s case will be conducted by the Congregation for the Doctrine of the Faith.

An American former cardinal was recently expelled from the priesthood by the Church following a canonical trial into claims of child sexual abuse. Here’s what it could look like if Pell was subject to a similar process.




Read more:
After Pell, the Catholic Church must undergo genuine reform


Canonical trials are governed by the rules of the Church

Most cases concerning the wrongdoing of Catholics are tried in secular courts. The decisions and punishments handed down by the courts are normally accepted by the Church as sufficient.

But the Church will conduct its own examination of cases where the church’s canon law requires punishment outside the competence of the courts of the land. That includes the excommunication of a member of the church, or the dismissal of a priest or bishop from the clerical state – often referred to as defrocking.

Tribunals to adjudicate matters that concern the Church’s own internal governance are principally governed by the rules and regulations of the Church, which are known as canon law (from the Greek etymology κανών or kanon, meaning a “rule”). These regulations are set out in the Church’s Code of Canon Law, which came into effect in 1983.

Since such trials are conducted because of the requirements of canon law, they are known as “canonical trials”.




Read more:
How an appeal could uphold or overturn George Pell’s conviction


Sexual abuse cases are handled by the Holy See

Catholic Church tribunals are normally held in the diocese of the parties to the case. The bishop of the diocese can judge cases for his diocese. But since bishops often have little or no in-depth knowledge of canon law, most cases in Catholic Church tribunals are handled by judges (clerics or laypersons) appointed by the bishop. The presiding judge is a priest known as the judicial vicar.

Some matters cannot be introduced at a diocesan tribunal, but are reserved for the various tribunals at the Holy See. This includes cases involving dioceses and bishops, and certain serious matters regarded as crimes in the Catholic Church. Examples of this would be matters of sacrilege (offences against the sacraments), and sexual offences by a cleric against a minor under the age of 18.

A college of judges try difficult cases

Usually a single judge presides over contentious and penal cases. But a college of three or five judges will normally try more complicated or difficult cases – especially if the prescribed penalty is an excommunication from the Church, the dismissal of a cleric, or if the case concerns the annulment of a marriage or an ordination.

Other officers of the tribunal include the promoter of justice, who is the prosecutor in penal cases. The tribunal also has notaries who swear in witnesses, and commit their testimony to writing.

Like any legal system, parties in a case have the right to appoint an advocate who can argue for them at the tribunal. If a person cannot afford an advocate, the tribunal can assign one to them free of charge.




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Triggering past trauma: how to take care of yourself if you’re affected by the Pell news


Defendants are presumed innocent

Catholic Church tribunals do not use the adversarial system used by the courts of the common law tradition. Rather, Catholic Church tribunals use the inquisitorial system law found in most European legal systems. That means the judges lead the investigation.

The standard of proof used by the Catholic Church tribunals is “moral certainty”. Certainty results from examination in good conscience of the available evidence. This isn’t the same as “absolute certainty”, but it’s more than mere probability. It is normally stricter than guilt “beyond reasonable doubt”, which is usually held to be the absence of doubt based on reason and common sense.

As a general rule, the defendant has the presumption of innocence, which means the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner’s case.The Conversation

Ian Waters, Professor, Lecturer, Department of Moral Theology and Canon Law, University of Divinity

This article is republished from The Conversation under a Creative Commons license. Read the original article.

For whom the Pell tolls: what did we learn from George Pell’s royal commission appearance?


Timothy W. Jones, La Trobe University

Cardinal George Pell returned this week to the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to the Ballarat and Melbourne case studies.

Giving evidence over the course of four days, via video link from Rome, Pell modified slightly his previous public positions. But, fundamentally, he insisted that he knew little, and fulfilled his duties in relation to what he did know.

On several occasions, counsel assisting the royal commission suggested that Pell’s claims to be ignorant of child sex offending in various contexts was implausible. If everyone around Pell knew, how could he not have known?

The forms of denial

One of the most important lessons we have learnt from Pell’s appearance is the church was – and still is – in a state of denial. It is in denial about the harms of sexual abuse, and about the adequacy of its responses to allegations of abuse.

Being in denial is a curious thing. In denying something, you implicitly admit that there is something to deny.

The late sociologist Stanley Cohen examined this phenomenon in his last book. Cohen argued that we have myriad techniques of keeping disturbing knowledge at bay: there are many ways of not knowing.

The simplest is literal denial. We saw plenty of this from Pell. He repeatedly said that he never knew of allegations of abuse; that he never heard rumours of Gerald Ridsdale’s offending when they shared a presbytery in Ballarat.

Even less plausibly, Pell claimed that advisors and colleagues deliberately kept information from him. As journalist David Marr wrote, Pell was apparently:

… hoodwinked decades ago by an archbishop, a bishop, his colleagues and even the Catholic Education Office.

A more nuanced way of avoiding knowledge is interpretive denial. This involves keeping knowledge at a distance by accepting a fact but giving it a different interpretation.

So, when questioned about his time as a consultor in Ballarat, Pell insisted that paedophilia was never mentioned in discussions of why priests were being moved unexpectedly between parishes. Many of his fellow consultors knew that child sex offences had been committed, and “homosexuality” may have been mentioned as the reason for the priest’s removal.

But Pell, incuriously, chose not to see the possibility that the homosexual conduct may have been intergenerational. He asked no questions, and admitted:

It was a sad story and of not much interest to me.

The most disturbing form of denial on display in Pell’s four days of testimony, however, is implicatory denial: a refusal to see the legal and moral implications that follow from information.

Pell went to great lengths to explain that, in almost all cases, he did everything that was appropriate to his role at the time. He was repeatedly challenged by counsel assisting and the commissioner, Peter McClellan, that a priest might have a moral responsibility that exceeds the literal duties assigned to their role. But Pell rejected this proposition:

He has a moral responsibility to do … what is appropriate to his position.

Pell claimed that in his positions as priest, consultor and auxilliary bishop, he did all that was appropriate to his position. He simply reported any allegations that he thought were plausible to his superiors. That they neglected their duties was not his responsibility.

What chance of change?

Pell may be right that that the lion’s share of blame for the gross miscarriages of justice being examined by the royal commission should be laid at the feet of his dead and dying former superiors. But what is also emerging is graphic evidence of the dysfunctionality of Catholic governance on this issue.

As my research has shown, Roman Catholic canon law – ironically – has the oldest and most clearly articulated legal provisions for the prosecution of sexual offences against children. Yet the enactment of these provisions is entirely in the diocesan bishop’s hands.

A diocesan bishop has a fundamental conflict of interest in the discipline of clergy in their diocese. He is simultaneously responsible for the pastoral care of the priest and for their punishment. This contravenes a basic principle of natural law – that no-one should be a judge in their own case.

If church authorities had believed the children’s allegations, investigated them and kept records of those investigations, it is possible that offending priests could have been removed and disciplined. Instead, allegations were regarded as implausible, offending priests’ denials were believed, and records were destroyed.

And where allegations were too stark to be denied, the gravity of the offending was denied, and priests were sent for “counselling” and relocated.

It is evident that Archbishop Frank Little and Bishop Ronald Mulkearns neglected their responsibilities and even contravened canon law in their dealings with sexually offending clergy. But Pell’s claims to have fulfilled his moral responsibility in the face of this dysfunction ring hollow.

Pell chose to keep knowledge of his fellow priests’ offending at bay and allowed his superiors’ neglect and malpractice to continue. After the exposure of this legal dysfunction and moral cowardice, we can expect the royal commission’s recommendations will include changes to Roman Catholic governance and canon law.

The Conversation

Timothy W. Jones, Senior Lecturer in History, La Trobe University

This article was originally published on The Conversation. Read the original article.

Commercial current affairs and the case of Cardinal Pell


Brian McNair, Queensland University of Technology

An early finding of the ARC-funded research I and my QUT colleagues are doing on the Australian political media is the gradual withdrawal of free-to-air commercial TV from the current affairs space. If I may paraphrase an old Soviet joke – there’s as much current affairs in A Current Affair as there is truth in Pravda. Which is to say, not very much.

The reasons for this are clear. What we like to call “serious” current affairs – as opposed to the glorified product placement that comprises most of the program of that name on Channel Nine – rarely attracts the audience ratings that game shows, reality TV and other cheap and cheerful formats achieve.

In a hyper-competitive media marketplace, with more platforms and more choice for consumers than ever before, prime-time free-to-air is just too important to the shareholders’ bottom line to be given over to anything that won’t bring eyeballs to the screen.

This is a global trend. All over the world, commercial TV companies that used to make high-quality, high-impact current affairs shows such as the UK’s World In Action have abandoned the territory.

Don’t get me wrong. I love a dose of well-made reality TV as much as the next person, and can even see the point of the Kardashians. And by “quality” current affairs I don’t mean white middle-aged men in suits talking about interest rates – it can be about topics of undoubtedly human interest, dramatic and sensational, but hugely important to people’s everyday lives such as the epidemic of domestic violence, or corruption in FIFA.

Current affairs TV can and should address the personal and the private, the things that matter to us all. And there’s nothing wrong with making that material, along with the big picture issues of economic and politics, accessible to an audience not all of whom have uni degrees.

My point is that even this broad definition of current affairs is increasingly scarce in the free-to-air commercial landscape. We have the ABC, legally mandated to provide such content. And Sky News does an excellent job of providing real time news coverage of public affairs, although its audience is restricted to subscribers of Foxtel. And there are exceptions in the free-to-air space.

Andrew Bolt’s Sunday show on Channel Ten is an increasingly rare free-to-air political debate slot. And as long as you accept its provocatively controversialist style – which helps in the ratings competition, of course – it is very watchable.

And then there is 60 Minutes on Nine, which this week demonstrated what can still be done in the field of current affairs journalism by the commercial broadcasters. In 2002, Cardinal George Pell was interviewed by Richard Carlton on 60 Minutes about payments he had allegedly authorised to victims of paedophile priests, including the nephew of convicted abuser Gerald Ridsdale.

On YouTube, you can watch Pell obfuscate with cringe-inducing obviousness as the journalist pressed him on “the conspiracy of silence”. This was tough adversarial journalism of the very best kind, and very courageous for its time.

The most recent 60 Minutes update interviewed Peter Saunders, a Vatican-appointed commissioner who is investigating child sexual abuse in the Catholic Church. Saunders condemned Cardinal Pell in the harshest terms, to the extent that Pell is reported to be consulting his lawyers. A bevy of Australian archbishops subsequently wrote an open letter defending Pell, so damaging was the item perceived to have been.

Now, like most stories of this kind, there is more than one side to it, and there can be no rush to judgement until Pell has had his say before the Royal Commission. But this item, when taken alongside the statements of abuse survivors who have already testified in Ballarat and elsewhere, and other evidence such as the minutes of a Church meeting where the need to move Ridsdale to another diocese was discussed, has performed a real service to the victims of paedophile priests – a public service.

Commercial television has a long and honourable history of fearless current affairs journalism, in Australia and overseas. 60 Minutes’ work on Pell exemplifies that tradition. Long may it continue.

The Conversation

Brian McNair is Professor of Journalism, Media and Communication at Queensland University of Technology.

This article was originally published on The Conversation.
Read the original article.

Vatican Library prepares to reopen after three years of restoration


The Vatican Apostolic Library will be reopened again this month after three years of reconstruction. As its director explained to Vatican Radio, it aims to be a cultural aid, to offer a glimpse of the "great truth of the world of God," reports Catholic News Agency.

Vatican Radio interviewed the library’s prefect, Msgr. Cesare Pasini about the grand reopening set to take place on Sept. 20.

Noting a series of initiatives scheduled to mark the reopening of the library this fall, the prefect also spoke of the value of the library to all people.

He said that by reopening the library, "we not only show scholars and the world what we have done … but we remodel ourselves on this fundamental spirit, on our mission, so that we don’t just make it a place to consult books."

The library, which allows scholars from all walks and creeds to study its volumes, has an aspect of universality and cultural preservation because it conserves materials "for today and tomorrow," he said.

Msrg. Pasini also promotes culture by allowing works to be "used, seriously studied and then probed to find any further fragment of truth.

"There are many truths," he said, "historic truths, truths that make investigations into the reality of things, and these little truths form part of the great truth of the world of God."

In an article he wrote for last Sunday’s edition of the L’Osservatore Romano, Msgr. Pasini described some of the 15,000 letters and e-mails his office has received hoping for the prompt conclusion to the restoration work and describing the library’s importance to studies. Responding to the interest, he said that in looking around the now "silent and shining" library, he has seen that "only the friendly presence of our scholars is lacking." He added, "may they know that they are warmly awaited."

Archivist of the Vatican Secret Archives, Cardinal Raffaele Farina, will present the renovated, restored and restructured library in an on-site press conference next Monday.

Report from the Christian Telegraph

First Group of "Traditionalist" Anglicans in Britain Votes to Enter Catholic Church


By Hilary White

ROME, November 6, 2009 (LifeSiteNews.com) – In a move that is a surprise to no one, the UK branch of the Traditional Anglican Communion (TAC), the largest of the groups that broke away from the mainstream Anglican Church over the ordination of woman and the latter’s support for active homosexuality, has been the first to formally accept the offer of Pope Benedict to enter into communion with the Catholic Church en masse.

Although the TAC is not large, being made up of only 20 or so parishes, the vote by the group to accept the invitation is expected to be a strong symbolic blow to the mainstream Anglican Church in its motherland of Britain, where it has been a leader in the acceptance of woman clergy and homosexuality. It is widely acknowledged that the Vatican’s decision to extend its hand to traditionalist Anglicans comes in response to repeated requests, made public last year, by the TAC.

In a surprise announcement on October 20, the Vatican said that a document was being prepared that would create “personal ordinariates” that will allow “traditionalist” Anglicans to come into the Catholic Church in groups while retaining their liturgical and pastoral traditions, including the possibility of a married clergy. William Cardinal Levada, the head of the Congregation for the Doctrine of the Faith, said that the move had come in response to many requests from Anglicans around the world, clergy, laity and bishops, who objected to the growing acceptance of homosexuality in Anglicanism, especially in North America and Britain.

The website of the TAC in the UK reported last week, “This Assembly, representing the Traditional Anglican Communion in Great Britain, offers its joyful thanks to Pope Benedict XVI for his forthcoming Apostolic Constitution allowing the corporate reunion of Anglicans with the Holy See, and requests the Primate and College of Bishops of the Traditional Anglican Communion to take the steps necessary to implement this Constitution.”

The leadership of the Traditional Anglican Community in Canada told LSN in an interview late last month that the life and family issues are a major factor in the attraction of the Catholic Church. Bishop Carl Reid of the Traditional Anglican Communion in Canada, told LifeSiteNews.com (LSN), “When it comes to issues of morality, especially family and pro-life, our membership is very strongly on the same page as are Roman Catholics.”

The pope’s offer to Anglicans who adhere to traditionally Christian moral doctrine has infuriated the left in both the secular and religious worlds. Benedict XVI has been attacked most recently by former Catholic theologian and notorious opponent of Catholic moral teaching, Hans Kung, as well as innumerable journalists and editors who see the move as the Vatican turning back the ecclesial clock towards a pre-1960s traditional style. Kung accused Benedict, his former university colleague, of ecclesiastical “piracy” and said that the move undermines the decades-long work of “ecumenical dialogue.”

John Allen, the leading American “liberal” Catholic journalist in Rome, gave a more sedate analysis, saying that the invitation to the Anglicans who are in agreement on the nature of truth, doctrine and biblical inerrancy, is indeed part of the pope’s greater plan to combat the growing secularist “dictatorship of relativism” that the pontiff has warned is undermining the very structure of our civilization.

“Benedict XVI is opening the door to … traditionalist Anglicans in part because whatever else they may be, they are among the Christians least prone to end up, in the memorable phrase of Jacques Maritain, ‘kneeling before the world,’ meaning sold out to secularism,” Allen wrote in a column today.

Fr. John Zuhlsdorf, an American priest-blogger with connections inside the Vatican, has commented that with this decision (one that was fought by many bishops in his own Church), the pope has earned the title, “Pope of unity.”

The Anglicans who may take advantage of the new “canonical structure,” Zhusldorf wrote, “are Christians who are separated from clear unity with the Church. Pope Benedict stresses the importance of his role as Pope as being one of promoting unity. It is not just that they a Christians who tend to agree with him. They are separated. He is trying to reintegrate them.”

“If we are going to fight the dictatorship of relativism,” Fr. Zuhlsdorf continued, “we need a strong Catholic identity. If we are going to evangelize, we need a strong Catholic identity. If we are going to engage in true ecumenism, we need a strong Catholic identity.  Liturgy is the key component in his ‘Marshall Plan’ for the Church.”

This Report from LifeSiteNews.com

www.LifeSiteNews.com 

Anglican Communion of U.K. first to accept Pope’s offer


Members of The Traditional Anglican Church in Great Britain have announced that they will enter into communion with the Vatican under Pope Benedict XVI’s Apostolic Constitution for Anglicans, reports Catholic News Agency.

According to the group’s website, members met on October 29 for their October 2009 Assembly. They scrapped their initial itinerary for the meeting following the Vatican’s Oct. 20 announcement that an Apostolic Constitution was being prepared in response to requests from groups of Anglican clergy and faithful wanting to enter into full communion with the Church. Instead, the assembly focused on what the news from the Vatican meant for the small group of Anglicans who are part of the Traditional Anglican Communion.

Anglican Bishop David Moyer released a statement describing the October Assembly as “grace-filled,” noting that everyone in attendance became “aware of the movement of the Holy Spirit.”

“The bishops, priests, ordinands, and lay representatives were brought to a place of ‘being in full accord and of one mind,’ as St. Paul prayed for the Church in Philippi,” Bishop Moyer wrote.

During the assembly, Bishop Moyer as well as Anglican Bishops John Hepworth and Robert Mercer fielded questions about the Vatican proposal before the Assembly unanimously passed resolutions written to carefully “and clearly reflect TTAC’s corporate desire and intention.”

The resolutions state that the Traditional Anglican Communion in Great Britain “offers its joyful thanks to Pope Benedict XVI for his forthcoming Apostolic Constitution allowing the corporate reunion of Anglicans with the Holy See, and requests the Primate and College of Bishops of the Traditional Anglican Communion to take the steps necessary to implement this Constitution.”

Bishop Moyer added, “All present realised that the requirement for the days ahead is patience, charity, and openness to the Holy Spirit.”

Though the Apostolic Constitution is not yet available, Cardinal William Joseph Levada, Prefect of the Congregation of the Doctrine for the Faith announced on Oct. 31 that it will be ready “by the end of the first week of November.”

Report from the Christian Telegraph