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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) | |
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. | |
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. |