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You can find the current article at its original source at https://www.theguardian.com/australia-news/live/2019/aug/21/cardinal-george-pell-appeal-sexual-assault-conviction
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| Cardinal George Pell loses appeal on child sexual assault conviction – live | |
| (32 minutes later) | |
| Justice Mark Weinberg - the dissenting judge - said the complainant’s account of the second incident was “entirely implausible” and “not convincing”. In regards to the first incident, Weinberg “might well have found it difficult to say the jury was acting reasonably” in finding him guilty.were bound to have a reasonsable doubt about the cardinal’s guilt. | |
| Nevertheless, Ferguson says, she and Maxwell disagreed. | |
| During the trial Pell’s lawyers had argued his robes were not capable of being moved in the way the complainant alleged. Ferguson said she and Justice Maxwell found the robes that Pell wore were capable of being manoeuvred in a way that might be described as to one side or apart. | |
| This is pivotal. The Chief Justice Ferguson has just said: | |
| Having reviewed the whole of the evidence two of the judges of the court of appeal – Maxwell and I have decided it was open to the jury to be satisfied beyond reasonable doubt that Cardinal Pell was guilty of the offences charged. We decided there was nothing about the complainant’s evidence that meant the jury must have had a doubt about the complainant’s account. It is not enough that the jury might have had a doubt, but they must have had a doubt. This was a compelling witness, clearly not a liar, not a fantasist and was a witness of truth. | |
| Chief Justice Anne Ferguson: “The task for the appeal court is to decide whether on the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty. Justice Maxwell and I have decided it was open to the jury to decide Pell was guilty. In other words we decided nothing about the complainant’s evidence ... which mean that the jury must have had a doubt about the truth of the complainant’s account.” | |
| Ferguson tells the court the three judges unanimously agreed to throw out the second and third grounds for appeal – that Pell’s lawyers were not permitted to play a 19-minute animation to the jury in their closing address, and that Pell did not enter his plea of not guilty in the presence of the jury panel. The unreasonable grounds was dismissed by two of the three judges. | |
| Chief Justice Anne Ferguson: “Those recordings [of the trial] went for more than 30 hours. We’ve watched those recordings more than once. The written transcript is approximately 2,000 pages in length. Like the jury we were taken to St Patrick’s Cathedral to be shown what the jury had seen.” | |
| Chief Justice Anne Ferguson: “As the trial judge, the chief judge, commented when sentencing Cardinal Pell, there has been vigorous and emotional criticism of the cardinal and he has been publicly vilified in some sections of the community. There has also been strong support of the cardinal by others. It is fair to say this case has divided the community.” | |
| The appeal has been dismissed, by a margin of two to one. | |
| Chief Justice Anne Ferguson, president of the court of appeal Justice Chris Maxwell and Justice Mark Weinberg have entered the courtroom and taken their places on the bench. | |
| Judges not far off. | |
| Mark Gibson and Angela Ellis for the prosecution are sitting at the bar table. Still waiting for Pell's legal team to take their seats. | |
| At least a dozen police outside court to maintain order while survivors, advocates, supporters and dozens of media personnel await Pell’s verdict. pic.twitter.com/F7Asv8nHg4 | |
| The cameras caught Pell on his way into the court this morning. | The cameras caught Pell on his way into the court this morning. |
| While we wait, here’s David Marr’s take on the appeal: | While we wait, here’s David Marr’s take on the appeal: |
| “George Pell stands a good chance of winning his appeal,” he writes. | |
| “Not that that would be the end of the matter. Lately the Victorian court of appeal has overturned a number of jury verdicts in child abuse cases, only to see those verdicts restored by the high court.” | “Not that that would be the end of the matter. Lately the Victorian court of appeal has overturned a number of jury verdicts in child abuse cases, only to see those verdicts restored by the high court.” |
| The George Pell story is a long way from ending – even if he wins his appeal | David Marr | The George Pell story is a long way from ending – even if he wins his appeal | David Marr |
| Things will happen pretty quickly once the judges come out at 9.30am. | Things will happen pretty quickly once the judges come out at 9.30am. |
| Chief justice Ferguson will make some introductory remarks, and then the judges will announce what they have decided. Ferguson will then read out the court’s orders before reading a summary of the judge’s conclusions. | Chief justice Ferguson will make some introductory remarks, and then the judges will announce what they have decided. Ferguson will then read out the court’s orders before reading a summary of the judge’s conclusions. |
| It is anticipated this will take between 30 to 40 minutes. The judgement is being broadcast online, but there will be a 15-second delay on the stream in case anyone says anything that is suppressed by the court, such as the victim’s names. | It is anticipated this will take between 30 to 40 minutes. The judgement is being broadcast online, but there will be a 15-second delay on the stream in case anyone says anything that is suppressed by the court, such as the victim’s names. |
| I’ve just spoken to Viv Waller, a lawyer representing the victim. She will be reading a statement from the victim after court. #Pell | I’ve just spoken to Viv Waller, a lawyer representing the victim. She will be reading a statement from the victim after court. #Pell |
| Some more background from Melissa Davey here, if you’re catching up: | Some more background from Melissa Davey here, if you’re catching up: |
| Pell’s appeal was argued on three grounds by his high-profile barrister, Bret Walker. | Pell’s appeal was argued on three grounds by his high-profile barrister, Bret Walker. |
| The first ground – that the jury was unreasonable in reaching its verdict – is the most likely to succeed. However, the unreasonable threshold is a high one to meet. The appellate judges have to find that the jurors must have had a reasonable doubt as to Pell’s guilt, not just that they could have. | The first ground – that the jury was unreasonable in reaching its verdict – is the most likely to succeed. However, the unreasonable threshold is a high one to meet. The appellate judges have to find that the jurors must have had a reasonable doubt as to Pell’s guilt, not just that they could have. |
| The second argument is that Pell was not arraigned in the presence of the jury panel – because there were so many potential jurors, they were split between the main court room and an overflow room with a video link established between the court and jurors. | The second argument is that Pell was not arraigned in the presence of the jury panel – because there were so many potential jurors, they were split between the main court room and an overflow room with a video link established between the court and jurors. |
| The third is that Pell’s defence team should have been allowed to show a video animation of its argument during the closing address, which the judge presiding over the case, chief justice Peter Kidd, deemed inadmissible. | The third is that Pell’s defence team should have been allowed to show a video animation of its argument during the closing address, which the judge presiding over the case, chief justice Peter Kidd, deemed inadmissible. |
| Kidd refused to allow the animation as he said the jurors may view it as factual evidence, and new evidence can not be introduced during closing addresses. | Kidd refused to allow the animation as he said the jurors may view it as factual evidence, and new evidence can not be introduced during closing addresses. |
| Pell has arrived at the court. | Pell has arrived at the court. |
| The disgraced cardinal quickly exited a white prison van, handcuffed and led by a guard, and entered the court building. | The disgraced cardinal quickly exited a white prison van, handcuffed and led by a guard, and entered the court building. |
| Outside a long queue of victim advocates, Pell supporters and journalists waiting to get into the court snaked along the street. | Outside a long queue of victim advocates, Pell supporters and journalists waiting to get into the court snaked along the street. |
| “I think today is going to be explosive. There’s no doubt about that. We’re in for a shocking day,” abuse survivor Michael Advocate said outside the court. | “I think today is going to be explosive. There’s no doubt about that. We’re in for a shocking day,” abuse survivor Michael Advocate said outside the court. |
| The supreme court doors opened at 8.30am, but a group has been lining up on the court steps from before 7am. There is a group of church supporters, including at least one priest, and they are having heated debates with survivors and advocates who have also gathered. | The supreme court doors opened at 8.30am, but a group has been lining up on the court steps from before 7am. There is a group of church supporters, including at least one priest, and they are having heated debates with survivors and advocates who have also gathered. |
| Among them is media and members of the public. Chrissie Foster is here, whose daughters were horrifically abused by a Catholic priest, and people are holding placards. | Among them is media and members of the public. Chrissie Foster is here, whose daughters were horrifically abused by a Catholic priest, and people are holding placards. |
| One reads “Thanks Victorian government for putting children’s safety first”, following the introduction of new laws which would see priests jailed if they fail to report abuse disclosed during confession. | One reads “Thanks Victorian government for putting children’s safety first”, following the introduction of new laws which would see priests jailed if they fail to report abuse disclosed during confession. |
| Cardinal George Pell will this morning learn the outcome of his appeal against a conviction for sexually assaulting two 13-year-old choir boys. | Cardinal George Pell will this morning learn the outcome of his appeal against a conviction for sexually assaulting two 13-year-old choir boys. |
| Pell, the most senior Catholic cleric to ever be convicted of child sexual abuse, was sentenced in March to six years in prison, with a non-parole period of three years and eight months. | Pell, the most senior Catholic cleric to ever be convicted of child sexual abuse, was sentenced in March to six years in prison, with a non-parole period of three years and eight months. |
| His conviction came at the end of a lengthy trial and mistrial, both of which could not be reported initially. The verdict, handed down in December, was suppressed until February. | His conviction came at the end of a lengthy trial and mistrial, both of which could not be reported initially. The verdict, handed down in December, was suppressed until February. |
| In sentencing remarks, chief judge Peter Kidd said Pell’s offending was “brazen and forceful” and “breathtakingly arrogant” because he believed the victims would never complain. | In sentencing remarks, chief judge Peter Kidd said Pell’s offending was “brazen and forceful” and “breathtakingly arrogant” because he believed the victims would never complain. |
| His appeal was heard in June before a full bench of the supreme court - the chief justice, Anne Ferguson, the president of the court of appeal, Chris Maxwell and Mark Weinberg. | His appeal was heard in June before a full bench of the supreme court - the chief justice, Anne Ferguson, the president of the court of appeal, Chris Maxwell and Mark Weinberg. |
| For his appeal to be successful today only two of the judges need agree that the conviction should be overturned. Our reporter, Melissa Davey, who has covered every step of Pell’s trial, conviction and appeal, wrote yesterday the judges would most likely order a retrial if the conviction was overturned, but could find it unjust to order Pell stand trial again. | For his appeal to be successful today only two of the judges need agree that the conviction should be overturned. Our reporter, Melissa Davey, who has covered every step of Pell’s trial, conviction and appeal, wrote yesterday the judges would most likely order a retrial if the conviction was overturned, but could find it unjust to order Pell stand trial again. |
| A permanent stay of proceedings would stop the case from ever continuing and Pell would be released. | A permanent stay of proceedings would stop the case from ever continuing and Pell would be released. |
| The verdict will be announced from 9.30am and we will bring you the updates as they come through. | The verdict will be announced from 9.30am and we will bring you the updates as they come through. |
| Back in the chaos. Pell appeal decision to be delivered this morning from 9.30am pic.twitter.com/UeysP4DMOS | Back in the chaos. Pell appeal decision to be delivered this morning from 9.30am pic.twitter.com/UeysP4DMOS |