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| Cardinal Pell will receive fair trial in Australian court, legal expert says | Cardinal Pell will receive fair trial in Australian court, legal expert says |
| (7 months later) | |
| Law professor says ‘most of the reporting on Pell has been fair, balanced and factual’ and legal system will ensure fairness when he faces sexual assault allegations | |
| Melissa Davey | |
| Thu 29 Jun 2017 09.10 BST | |
| Last modified on Thu 29 Jun 2017 10.34 BST | |
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| There is nothing to suggest Cardinal George Pell won’t get a fair trial when he faces sexual assault allegations before an Australian court, international legal expert Professor Gideon Boas, has said. | There is nothing to suggest Cardinal George Pell won’t get a fair trial when he faces sexual assault allegations before an Australian court, international legal expert Professor Gideon Boas, has said. |
| Boas, a barrister and professor of law at La Trobe University, was responding to the announcement by Victoria Police on Thursday that charges had been served on Pell relating to multiple alleged historical sexual offences following a lengthy investigation. | Boas, a barrister and professor of law at La Trobe University, was responding to the announcement by Victoria Police on Thursday that charges had been served on Pell relating to multiple alleged historical sexual offences following a lengthy investigation. |
| Pell is Australia’s most senior Catholic and manages the finances of the Vatican and the Holy See in Rome. In a statement, the Catholic archdiocese of Sydney said Pell “strenuously denied all allegations” and would return to Australia to face the charges “as soon as possible”. He has taken leave from the Holy See as he prepares to return to Australia to face multiple charges. | Pell is Australia’s most senior Catholic and manages the finances of the Vatican and the Holy See in Rome. In a statement, the Catholic archdiocese of Sydney said Pell “strenuously denied all allegations” and would return to Australia to face the charges “as soon as possible”. He has taken leave from the Holy See as he prepares to return to Australia to face multiple charges. |
| Despite some commentary, including from senior church figures, that implied Pell may not receive a fair trial due to his high-profile and widespread media reporting of the allegations over the past year, Boas said: “Just because Pell happens to be a very senior member of the Catholic church, it does not mean he will not receive fair and impartial treatment, or that a court wouldn’t be capable of delivering a verdict based on the evidence placed before them in the same way it does in many high-profile cases. | Despite some commentary, including from senior church figures, that implied Pell may not receive a fair trial due to his high-profile and widespread media reporting of the allegations over the past year, Boas said: “Just because Pell happens to be a very senior member of the Catholic church, it does not mean he will not receive fair and impartial treatment, or that a court wouldn’t be capable of delivering a verdict based on the evidence placed before them in the same way it does in many high-profile cases. |
| “We often see cases where a well-known person is charged with serious offences and yet they receive a fair trial,” Boas said. | “We often see cases where a well-known person is charged with serious offences and yet they receive a fair trial,” Boas said. |
| “I also think most of the reporting on Pell has been fair, balanced and factual, and the fact is we have a system in place whereby people, no matter who they are or what they’re charged with, are entitled to a fair trial.” | “I also think most of the reporting on Pell has been fair, balanced and factual, and the fact is we have a system in place whereby people, no matter who they are or what they’re charged with, are entitled to a fair trial.” |
| He added that even when known offenders who had served jail time faced additional charges at a later date, they still received a fair trial despite their previous offences. | He added that even when known offenders who had served jail time faced additional charges at a later date, they still received a fair trial despite their previous offences. |
| In a statement, the Catholic archdiocese of Melbourne reiterated that Pell was entitled to a fair trial. Pell “has been a friend and brother priest” of the Melbourne archbishop, Denis Hart, for more than 50 years, the statement said. | In a statement, the Catholic archdiocese of Melbourne reiterated that Pell was entitled to a fair trial. Pell “has been a friend and brother priest” of the Melbourne archbishop, Denis Hart, for more than 50 years, the statement said. |
| “The archbishop is conscious of the cardinal’s many good works which have been acknowledged both nationally and internationally,” the archdiocese said. “It is important all in society recognise that the presumption of innocence applies.” | “The archbishop is conscious of the cardinal’s many good works which have been acknowledged both nationally and internationally,” the archdiocese said. “It is important all in society recognise that the presumption of innocence applies.” |
| The former prime minister Tony Abbot told Fairfax Media “the legal process must now take its course”. | The former prime minister Tony Abbot told Fairfax Media “the legal process must now take its course”. |
| “But the George Pell I have known is a very fine man indeed,” he said. | “But the George Pell I have known is a very fine man indeed,” he said. |
| The Mercury newspaper reported that the archbishop of Hobart, Julian Porteous, was “shocked and disappointed” that Pell had been charged. Porteous is a former colleague of Pell’s. | The Mercury newspaper reported that the archbishop of Hobart, Julian Porteous, was “shocked and disappointed” that Pell had been charged. Porteous is a former colleague of Pell’s. |
| “The possibility of a fair trial is compromised,” Porteous told the Mercury. “I don’t know how a jury could proceed with a trial where [there is] so much media out there.” | “The possibility of a fair trial is compromised,” Porteous told the Mercury. “I don’t know how a jury could proceed with a trial where [there is] so much media out there.” |
| But abuse counsellor Pam Stavropoulos said the charging of Pell sent “a powerful message”, not only to survivors of child sexual abuse but to society. | But abuse counsellor Pam Stavropoulos said the charging of Pell sent “a powerful message”, not only to survivors of child sexual abuse but to society. |
| “It upholds that no one is above the law, no matter how high their office, qualifications, or standing,” Stavropoulos said. | “It upholds that no one is above the law, no matter how high their office, qualifications, or standing,” Stavropoulos said. |
| Stavropoulos is head of research at the Blue Knot Foundation, which supports Australian adults who are survivors of childhood trauma, including abuse. | Stavropoulos is head of research at the Blue Knot Foundation, which supports Australian adults who are survivors of childhood trauma, including abuse. |
| “As well as the impacts of the abuse itself, countless survivors of child sexual abuse have struggled with the silence and disbelief of society that adults and respected public figures can be perpetrators of the criminal act of sexual abuse of children,” she said. | “As well as the impacts of the abuse itself, countless survivors of child sexual abuse have struggled with the silence and disbelief of society that adults and respected public figures can be perpetrators of the criminal act of sexual abuse of children,” she said. |
| “While the charges have yet to be tested in court, the act of the laying of them is enormously important at both practical and symbolic levels.” | “While the charges have yet to be tested in court, the act of the laying of them is enormously important at both practical and symbolic levels.” |
| A Scottish organisation for abuse survivors, White Flowers Alba, said it stood “shoulder to shoulder with the victims in Australia”. | A Scottish organisation for abuse survivors, White Flowers Alba, said it stood “shoulder to shoulder with the victims in Australia”. |
| “We await due process of the law,” a statement from the group said. “We only wish we saw the same degree diligence here in the UK from the Crown Prosecution Service and Crown Office, instead we victims continue to be often failed just as we were as children, whilst Catholic clerics abusers remain immune to justice.” | “We await due process of the law,” a statement from the group said. “We only wish we saw the same degree diligence here in the UK from the Crown Prosecution Service and Crown Office, instead we victims continue to be often failed just as we were as children, whilst Catholic clerics abusers remain immune to justice.” |
| Leonie Sheedy, the head of the Care Leavers Australia Network, a support and advocacy group for survivors, said it was a historic day. “I think [the] poor victims have waited long enough,” she said. | Leonie Sheedy, the head of the Care Leavers Australia Network, a support and advocacy group for survivors, said it was a historic day. “I think [the] poor victims have waited long enough,” she said. |
| Anthony Fisher, the archbishop of Sydney, said “many people will be shocked, as I have been” by the news that charges had been laid. He described Pell as “thoroughly decent”. | Anthony Fisher, the archbishop of Sydney, said “many people will be shocked, as I have been” by the news that charges had been laid. He described Pell as “thoroughly decent”. |
| “Cardinal Pell has repeatedly and vehemently rejected these allegations and insisted that he is completely innocent,” Fisher said. “He will now have the opportunity to put his case in court and is determined to clear his name.” | “Cardinal Pell has repeatedly and vehemently rejected these allegations and insisted that he is completely innocent,” Fisher said. “He will now have the opportunity to put his case in court and is determined to clear his name.” |
| The Sydney archdiocese would assist with Pell’s accommodation and support while he was in Australia to face the charges, Fisher said, “as it would for any of its bishops or priests”, but added that the archdiocese was not responsible for Pell’s legal costs. | The Sydney archdiocese would assist with Pell’s accommodation and support while he was in Australia to face the charges, Fisher said, “as it would for any of its bishops or priests”, but added that the archdiocese was not responsible for Pell’s legal costs. |
| “In granting Cardinal Pell leave from his role as prefect of the Vatican secretariat for the economy, Pope Francis has emphasised respect for the rule of law – which includes the right of every citizen to due process and the presumption of innocence,” Fisher said. | “In granting Cardinal Pell leave from his role as prefect of the Vatican secretariat for the economy, Pope Francis has emphasised respect for the rule of law – which includes the right of every citizen to due process and the presumption of innocence,” Fisher said. |
| “Pope Francis also commented that during the three years that they have worked together he has always found Cardinal Pell an honest man. Having known him for the best part of three decades myself, I can only support that judgment: the George Pell I know is a man of integrity in his dealings with others, a man of faith and high ideals, a thoroughly decent man.” | “Pope Francis also commented that during the three years that they have worked together he has always found Cardinal Pell an honest man. Having known him for the best part of three decades myself, I can only support that judgment: the George Pell I know is a man of integrity in his dealings with others, a man of faith and high ideals, a thoroughly decent man.” |
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