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.

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Australia: Cardinal George Pell Charged with Historic Sex Offences


Article: Sea Shepherd Boss Flees Germany


Paul Watson, founder of Sea Shepherd has skipped bail in Germany and fled, fearing extradition to Japan. He was being held for offences allegedly committed in Costa Rica. I wonder if there was an Ecuadorian Embassy nearby? Just a thought. 

For more on the story, visit the link below:
http://www.smh.com.au/environment/whale-watch/sea-shepherd-founder-fears-extradition-to-japan-flees-germany-20120726-22ubu.html

IRAN: AUTHORITIES TIGHTEN GRIP ON CHRISTIANS AS UNREST ROILS


Waves of arrests hit church networks; judge asks converts from Islam to recant.

LOS ANGELES, August 11 (Compass Direct News) – Amid a violent crackdown on protestors and a purge of opponents within the Iranian government, more than 30 Christians were arrested in the last two weeks near Tehran and in the northern city of Rasht.

Two waves of arrests near Tehran happened within days of each other, and while most of those detained – all converts from Islam – were held just a day for questioning, a total of eight Christians still remain in prison.

On July 31 police raided a special Christian meeting 25 kilometers (15 miles) north of Tehran in the village of Amameh in the area of Fashan. A Compass source said about 24 Christians, all converts from Islam, had gathered in a private home. In the afternoon police squads in both plain clothes and uniform raided and arrested everyone present.

“Many people stormed the villa, and in the same day they took everything,” said the source, a Christian Iranian who requested anonymity.

All present were taken by private car to their residences, where police took all their passports, documents, cash, CDs, computers and mobile phones, and from there to the police station.

“There were many cars so they could take each person with a car to their house from the meeting,” said the source. “Think of how many cars were there to arrest them. And they took all their books, PCs, CDs mobile phones, everything.”

While most of them were released the same evening, seven of them – Shahnam Behjatollah, and six others identified only as Shaheen, Maryam, Mobinaa, Mehdi, Ashraf and Nariman – all remain in detention in an unknown location. They have no contact with their family members.

Police have questioned each of their families and told them to prepare to pay bail. In the case of Behjatollah, for whom police had a warrant, authorities showed his family the official order for his arrest and told them they “knew all about him,” according to the source. Behjatollah is 34 years old, married and has a 6-year-old daughter.

The second wave of arrests of some of the same Christians near Tehran took place on Friday (Aug. 7).

“They brought the released members for interrogation to the secret police again, to get more information about their movements,” said the source.

In Rasht, a total of eight Christians belonging to the same network were arrested on July 29 and 30 in two separate rounds of arrest. Seven were released, while one, a male, remains in the city’s prison. Compass sources were unable to comment on the conditions of their arrest.

Two Women Asked to Recant

On Sunday (Aug. 9) two Christian women appeared before a judge who asked them if they would deny their newfound faith and return to Islam.

Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, have been held in the notorious Evin prison since March 5 accused of “acting against state security” and “taking part in illegal gatherings.” In a short court session, the judge asked them if they were going to deny their faith and return to Islam, reported the Farsi Christian News Network (FCNN).

As both women refused to recant their faith, the judge sent them back to their prison cells “to think about it,” according to a source who spoke with family members.

“When they said, ‘Think about it,’ it means you are going back to jail,” said the source. “This is something we say in Iran. It means: ‘Since you’re not sorry, you’ll stay in jail for a long time, and maybe you’ll change your mind.’”

The source said the first goal of judges in such cases is usually to make “apostates” deny their faith through threats or by sending them back to prison for a longer time.

“This is what they said to Mehdi Dibaj, who was in prison for 10 years and martyred in 1994,” said the source about one of Iran’s well-known Christian martyrs. “The charge against them is apostasy [leaving Islam].”

FCNN reported that in the last five months the women have been unwell and have lost much weight. Esmaeilabad suffers from spinal pain, an infected tooth and intense headaches and is in need of medical attention. None has been provided so far.

With a draft penal code that may include an article mandating death for apostates in accordance to sharia (Islamic law) expected to be reviewed once again this fall when the parliamentary session begins, experts on Iran fear things may get worse for the country’s converts from Islam.

Dr. Wahied Wahdat-Hagh, a senior fellow with the European Foundation for Democracy, wrote in http://www.Iranpresswatch.org last month that false hopes have arisen from a statement by the chairman of the Majlis Legal Affairs Committee, Hojatoleslam Ali Schahroki, that a provision for mandatory death penalty for apostates had been stricken from the bill. The Council of Guardians and Iran’s Supreme Leader, he wrote, have the final say on capital punishment for leaving Islam.

“Recent political events in Iran have ushered in a new phase in the emergence of a totalitarian dictatorship,” he wrote. “Pressure on Iranian Christians is growing just as foreign powers are being blamed for rioting that broke out due to the electoral fraud. The argument on the influence of foreign powers is well known to Iranian Christians.”

Fury

Public allegations that detainees have been tortured, abused, killed and most recently – according to a top opposition official – raped in custody have fueled fury in Iran and spurred powerful conservative Ali Larijani to comment that a parliament committee would investigate the reports, reported The Associated Press.

At least four senior Intelligence Ministry figures were fired in an effort to purge officials who are opposed to the crackdown on protestors and opposition following last month’s disputed presidential elections, the AP reported yesterday.

Iranian sources said that the long-standing rift in the government between liberal and conservative factions is widening and becoming more apparent, and the two sides are in a battle of words and ideas in mass media for the first time in Iran’s history.

“Everything is in the newspaper,” the Christian Iranian source told Compass. “We have never had such a thing … the point is that now all these old problems that were inside the government between liberals and fundamentalists are coming out, and we can see them on TV, radio, newspaper, the public media in the country. It isn’t something we’re guessing anymore. It’s something you can see and read.”

The source said the crackdown on protestors and recent mass arrests are the sign of a weak government trying to show it is in control of a country roiled by discontent.

“Everyone now is saying is that the government is having problems inside so they have lost the control,” the source said. “So what they did in the last couple of weeks is that they arrested people … minority religions, Baha’i and Christians.”

On July 31, a Christian man traveling overseas from the Tehran International airport was stopped for questioning because he was wearing a black shirt, a Compass source said. The colors black and green have become associated with opposition to the government, and those wearing them are suspected of ideologically agreeing with the protestors.

The authorities found his Bible after a questioning and searching. He was taken to a room where there were others waiting, all wearing green and black shirts. Authorities confiscated his passport and have opened a case against him for carrying the Bible, said the source.

Although there has been no mention of Christians being tortured in the most recent arrests, an increase in executions of persons under the commonly fabricated charges of drug abuse and trafficking bodes ill for the future of those in Iranian prisons. As detainees are allowed neither legal counsel nor communication with their families, their conditions are nearly unknown.

On Friday (Aug. 7) Amnesty International reported an average of two executions a day since the disputed presidential elections held on June 12.

“In just over 50 days, we recorded no less than 115 executions, that is an average of more than two each day,” said Irene Khan, Secretary General of Amnesty International. “This represents a significant increase, even compared to the appallingly high rate of executions that has been so long a feature of the human rights scene in Iran.”

The report described the government’s attempt to suppress the mass “and largely peaceful” protests as brutal and also expressed concerns that those who were executed were likely to have been denied fair trials. Most of those executed are said to have been convicted of drug-smuggling or related offences. Authorities have not released the names of 24 prisoners executed on Wednesday (Aug. 5) in the Rejai Shahr Prison in Karaj.

Report from Compass Direct News 

INDIA: FINALLY AN ARREST OVER ATTACKS ON CHRISTIANS


After weeks of attacks on Christians and their institutions in India (churches, schools, etc), as well as their homes and families, there has finally been an arrest made by Indian police. The head of the Bajrang Dal extremist group, Mahendra Kumar, has been arrested in Karnataka. The arrest was confirmed by Deputy Inspector General of Police A. M. Prasad on Friday night.

Kumar is expected to be charged with a number of criminal offences in connection to attacks which have been taking place in the Indian state of Karnataka. The attacks occurred in Mangalore, Udupi and in Chikamaglur.

The arrest has come following intervention from the federal government told the state government which is controlled by the Hindu nationalist BJP party to take action.

The attacks on Christians began following the assassination of the World Hindu Council leader by Maoists several weeks ago, which extremist Hindus blame on Christians. They are also accusing Christians of bribing poorer people (tribals and low-caste Hindus) and/or forcing them to convert to Christianity.