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Cardinal George Pell loses appeal on child sexual assault conviction – live Cardinal George Pell loses appeal on child sexual assault conviction – live
(30 minutes later)
Worth remembering that Pell remains a Cardinal, and we don’t know what the Vatican plans to do about that. They have said it would wait for the appeals process to be exhausted before making a decision. We’ll have to see wait to see what they say after today’s decision. A few scenes from outside the Victorian Supreme Court this morning.
By the way - this is a huge testament to the value of the jury system. I will have so much to say about that. There is NO strong evidence judges alone are less biased or more correct than a jury of 12. #Pell.
Interesting that Morrison said the decision to strip Pell of his honours is independent to the government. Back in February my colleague Paul Karp was told that if Pell lost the appeal the prime minister would write to the Council of the Order of Australia recommending it review and revoke the honour, a decision made on its recommendation by the governor general.
PM to strip George Pell of Order of Australia honour if cardinal loses appeal
The Australian prime minister, Scott Morrison, has addressed the appeal dismissal at a press conference:
As is at the time of the earlier finding, events like this today bring it all back and I would urge Australians who find themselves re-living these experiences to reach out to those around them, and to reach out to the services that are there for them. In whatever phase of life they are in these things can take you back a long way. That’s where my sympathies are today. The courts have done their job, the’ve rendered their verdict. That’s the system of justice and it must be respected.
We have the summary of the judgment read out by Chief Justice Anne Ferguson.
Here’s the opening in full:
By majority (two to one), the court of appeal has dismissed Cardinal George Pell’s appeal against his conviction for the commission of sexual offences. He will continue to serve his sentence of six years’ imprisonment. He will remain eligible to apply for parole after he has served three years and eight months of his sentence. Whether Cardinal Pell will be released on parole will be a matter for the adult parole board, not the courts.
The father of one of Pell’s victims – who died of a heroin overdose at the age of 31 in 2014 – shed tears of relief at the verdict, his lawyer has said. The father is pursuing a civil claim.
“Today the court of appeal has made the correct decision by upholding the jury’s verdict which saw George Pell convicted of child sexual abuse. The disgraced cardinal is in the right place behind bars,” Lisa Flynn from Shine Lawyers said.
“Our client has always said that he does not want the man who he holds responsible for his son’s downhill spiral and subsequent fatal heroin overdose to ever again have contact with any members of society.
“We can only hope that this drawn-out process is over once and for all and that the case does not now end up in the high court of Australia.”
“Regardless of today’s appeal outcome, our client was always going to continue to pursue a civil claim. We will continue to fight for compensation for him. He has suffered immensely knowing what George Pell did to his son as a young choirboy.”
The Blue Knot Foundation, an organisation which represents victims of childhood trauma, says the Pell decision “provides relief for sexual abuse survivors”.
“For many survivors a conviction being upheld against a high-profile once powerful perpetrator underlines faith in the justice process and the possibility of speaking out,” the organisation said in a statement.
“Believing the victim in this case sends a message to so many other victims that what happened to you mattered and will now be more likely to be believed than ever before.
“It is rare to have corroborating evidence in a child sexual abuse case as the crime is perpetrated in secret and there are rarely witnesses. In this case there was a witness but he was lost to suicide, quite possible as a result of the very crime he could have corroborated.”
Worth remembering that Pell remains a cardinal, and we don’t know what the Vatican plans to do about that. They have said it would wait for the appeals process to be exhausted before making a decision. We’ll have to see wait to see what they say after today’s decision.
You might be wondering what happens next. For now, as I said earlier, Pell will remain in prison until at least October 2022, the length of his non-parole period in prison. But his lawyers are almost certain to make an application to appeal to the high court.You might be wondering what happens next. For now, as I said earlier, Pell will remain in prison until at least October 2022, the length of his non-parole period in prison. But his lawyers are almost certain to make an application to appeal to the high court.
That isn’t straightforward, however. The High Court would have to decide there is sufficient reason to hear the appeal. That isn’t straightforward, however. The high court would have to decide there is sufficient reason to hear the appeal.
The High Court grants leave to appeal where a case: raises new points of law; is of high public importance; is likely to involve many future cases; where lower courts have been inconsistent; and/or the case involves the interests of the administration of justice.The High Court grants leave to appeal where a case: raises new points of law; is of high public importance; is likely to involve many future cases; where lower courts have been inconsistent; and/or the case involves the interests of the administration of justice.
I’ve just spoken to Melissa Davey who was in the court this morning, as she has been throughout both trials and the appeal. From where she was sitting Pell did not seem to react when the judgment was read out, other than to bow his head occasionally.I’ve just spoken to Melissa Davey who was in the court this morning, as she has been throughout both trials and the appeal. From where she was sitting Pell did not seem to react when the judgment was read out, other than to bow his head occasionally.
She said it looks like prison has taken its toll on the cardinal. His hair has grown longer and he looked “dishevelled”. She’s spoken to two survivors of abuse who were in the court.She said it looks like prison has taken its toll on the cardinal. His hair has grown longer and he looked “dishevelled”. She’s spoken to two survivors of abuse who were in the court.
They told her they held each other’s hands as they heard the two judges had dismissed the appeal. “They were in shock, and they said justice had prevailed for victims.”They told her they held each other’s hands as they heard the two judges had dismissed the appeal. “They were in shock, and they said justice had prevailed for victims.”
I’ve just spoken to Chrissie Foster who told me people’s understanding of this issue is at the point where they can look at the facts objectively and honestly.I’ve just spoken to Chrissie Foster who told me people’s understanding of this issue is at the point where they can look at the facts objectively and honestly.
“What a result – it is almost unbelievable. I was not expecting this. I went to all of the second trial and I could see it and I just hoped the jury could see it. And they did. It was forensically argued and debated. Now again. I’m amazed. So often these cases hardly any victims come forward. This is a crime fraught with not getting a guilty verdict. Any rape by its nature is done out of sight. Where are the witnesses? There are none. It’s rape.”“What a result – it is almost unbelievable. I was not expecting this. I went to all of the second trial and I could see it and I just hoped the jury could see it. And they did. It was forensically argued and debated. Now again. I’m amazed. So often these cases hardly any victims come forward. This is a crime fraught with not getting a guilty verdict. Any rape by its nature is done out of sight. Where are the witnesses? There are none. It’s rape.”
Ferguson and Maxwell dismissed all 13 “obstacles” to Pell committing the crime that his lawyer’s had argued. They found there was nothing about the complainant’s evidence that meant the jury must have had a doubt about the account.Ferguson and Maxwell dismissed all 13 “obstacles” to Pell committing the crime that his lawyer’s had argued. They found there was nothing about the complainant’s evidence that meant the jury must have had a doubt about the account.
“It is not enough that the jury might have had a doubt, but they must have had a doubt,” Ferguson said.“It is not enough that the jury might have had a doubt, but they must have had a doubt,” Ferguson said.
“This was a compelling witness, clearly not a liar, not a fantasist and was a witness of truth.”“This was a compelling witness, clearly not a liar, not a fantasist and was a witness of truth.”
And as Melissa Davey tells me from the courtroom, the robes were a huge matter of contention among the defence. They said the robes were too heavy to be manoeuvred for Pell to expose his penis. Not so, said Ferguson. The three appellant judges held the robes and picked them up. Ferguson said: “The robes were not so heavy or immovable as [witnesses] Portelli and Potter suggested.”And as Melissa Davey tells me from the courtroom, the robes were a huge matter of contention among the defence. They said the robes were too heavy to be manoeuvred for Pell to expose his penis. Not so, said Ferguson. The three appellant judges held the robes and picked them up. Ferguson said: “The robes were not so heavy or immovable as [witnesses] Portelli and Potter suggested.”
In summary, the appeal of the disgraced cardinal George Pell has been dismissed.In summary, the appeal of the disgraced cardinal George Pell has been dismissed.
On the first ground – that the jury acted unreasonably in coming to a guilty verdict – the judges dismissed the appeal by a margin of two to one. Chief Justice Anne Ferguson and the president of the court of appeal Justice Chris Maxwell found against Pell, while Justice Mark Weinberg agreed with Pell’s lawyers.On the first ground – that the jury acted unreasonably in coming to a guilty verdict – the judges dismissed the appeal by a margin of two to one. Chief Justice Anne Ferguson and the president of the court of appeal Justice Chris Maxwell found against Pell, while Justice Mark Weinberg agreed with Pell’s lawyers.
On the second and third grounds the judges dismissed the appeal unanimously.On the second and third grounds the judges dismissed the appeal unanimously.
This decision means Pell will remain in prison until at least October 2022, when his non-parole period ends. He will be 81-years-old when he is released.
Reaction from inside the court room after Pell’s appeal was dismissed.
Pell now stooped in his chair with head bowed while Justice Anne Ferguson is reading a summary of the case against him. The 78yo prisoner looks frail and dejected. First time since the guilty verdict that his poker face has gone. He looks destroyed.
Pell's head is bowed and he is staring at the floor as Chief Justice Anne Ferguson tells the court the boy the cardinal abused "came across as someone who was telling the truth". @newscomauHQ
Cardinal Pell remained largely unmoved as the decision was read out, very little reaction. Occasionally looking down, now gripping the dock with left hand. He is behind bars until at least 2022 #Pell
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 [and] were bound to have a reasonable 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.