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You can find the current article at its original source at https://www.theguardian.com/australia-news/2019/nov/13/george-pell-high-court-appeal-cardinal-granted-final-appeal-against-child-sexual-abuse-conviction
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| George Pell high court appeal: cardinal granted final challenge against child sexual abuse conviction | George Pell high court appeal: cardinal granted final challenge against child sexual abuse conviction |
| (32 minutes later) | |
| Full bench of seven judges will decide on Cardinal Pell appeal, likely to be heard in 2020 | |
| Cardinal George Pell will have a final chance to overturn his conviction on historical child sexual abuse offences after the high court in Canberra agreed to hear appeal arguments in a special full court sitting. | Cardinal George Pell will have a final chance to overturn his conviction on historical child sexual abuse offences after the high court in Canberra agreed to hear appeal arguments in a special full court sitting. |
| A date for the appeal hearing is yet to be set but it will likely be early in 2020 by the full bench of seven judges. Led by the high-profile silk Bret Walker SC, Pell’s legal team will argue that the majority of judges in Victoria’s court of appeal erred by finding in August that jurors were not unreasonable to believe the testimony of Pell’s victim. | A date for the appeal hearing is yet to be set but it will likely be early in 2020 by the full bench of seven judges. Led by the high-profile silk Bret Walker SC, Pell’s legal team will argue that the majority of judges in Victoria’s court of appeal erred by finding in August that jurors were not unreasonable to believe the testimony of Pell’s victim. |
| On Wednesday Justice Michelle Gordon announced that she and Justice James Edelman had decided to refer Pell’s application for special leave to appeal to the full court “for argument as on appeal”. | On Wednesday Justice Michelle Gordon announced that she and Justice James Edelman had decided to refer Pell’s application for special leave to appeal to the full court “for argument as on appeal”. |
| The decision sets up a special full court hearing that will consider both the application for leave to appeal and Pell’s substantive case together. It means there is a chance the court may not grant Pell’s special leave application. | The decision sets up a special full court hearing that will consider both the application for leave to appeal and Pell’s substantive case together. It means there is a chance the court may not grant Pell’s special leave application. |
| “There did remain a reasonable doubt as to the existence of any opportunity for the offending to have occurred,” Pell’s appeal application said. In a criminal trial it is up to prosecutors to establish proof, not the defendant to prove innocence, and the filing says the Victorian appellant judges wrongfully reversed this onus of proof. | “There did remain a reasonable doubt as to the existence of any opportunity for the offending to have occurred,” Pell’s appeal application said. In a criminal trial it is up to prosecutors to establish proof, not the defendant to prove innocence, and the filing says the Victorian appellant judges wrongfully reversed this onus of proof. |
| In their submission to the high court, prosecutors said Pell’s appeal should not be heard because it raised no question of law of public importance. Rather, they said the appeal invited the court to apply established principles to the facts of the case which had already been “carefully and thoroughly” explored by jurors and the majority of the court of appeal. But the high court disagreed, ordering that the case be heard. | In their submission to the high court, prosecutors said Pell’s appeal should not be heard because it raised no question of law of public importance. Rather, they said the appeal invited the court to apply established principles to the facts of the case which had already been “carefully and thoroughly” explored by jurors and the majority of the court of appeal. But the high court disagreed, ordering that the case be heard. |
| The decision was delivered by Justice Michelle Gordon, who along with Justice James Edelman agreed to take the case. While an appeal is usually decided by a full bench, the decision as to whether an appeal hearing is granted is usually made by one or two judges. | The decision was delivered by Justice Michelle Gordon, who along with Justice James Edelman agreed to take the case. While an appeal is usually decided by a full bench, the decision as to whether an appeal hearing is granted is usually made by one or two judges. |
| The legal parties were not present when high court delivered its decision on Wednesday morning. While an oral hearing sometimes accompanies an appeal application, in this case the court decided to hear the appeal based on the papers filed to the court alone. | The legal parties were not present when high court delivered its decision on Wednesday morning. While an oral hearing sometimes accompanies an appeal application, in this case the court decided to hear the appeal based on the papers filed to the court alone. |
| It will be Pell’s last resort of appeal, with any decision of the high court final and applicable to all other Australian courts. Each justice will make their own decision on the appeal, and will likely provide their own written reasons which will be delivered at a date set after the appeal hearing concludes. Unlike a jury, who in most cases need to reach unanimous decision, cases before the high court are decided on a majority. | It will be Pell’s last resort of appeal, with any decision of the high court final and applicable to all other Australian courts. Each justice will make their own decision on the appeal, and will likely provide their own written reasons which will be delivered at a date set after the appeal hearing concludes. Unlike a jury, who in most cases need to reach unanimous decision, cases before the high court are decided on a majority. |
| Pell, 78, is now in Melbourne assessment prison, where he is serving a six-year prison sentence. He will be eligible for parole in 2022, once he has served a period of three years and eight months. | Pell, 78, is now in Melbourne assessment prison, where he is serving a six-year prison sentence. He will be eligible for parole in 2022, once he has served a period of three years and eight months. |
| In December a jury returned a unanimous guilty verdict on five charges after less than four days of deliberation. He was found guilty of sexually abusing two 13-year-old choirboys at St Patrick’s Cathedral when he was the archbishop of Melbourne in 1996, including oral raping one of them. He sexually assaulted one of the boys again a few weeks later, groping his genitals in a corridor of the same church. | In December a jury returned a unanimous guilty verdict on five charges after less than four days of deliberation. He was found guilty of sexually abusing two 13-year-old choirboys at St Patrick’s Cathedral when he was the archbishop of Melbourne in 1996, including oral raping one of them. He sexually assaulted one of the boys again a few weeks later, groping his genitals in a corridor of the same church. |
| By the time the complainant spoke to police in June 2015, the other victim had died from an accidental heroin overdose at the age of 30. | By the time the complainant spoke to police in June 2015, the other victim had died from an accidental heroin overdose at the age of 30. |
| More to follow soon … | More to follow soon … |
| In Australia, Blue Knot Foundation can be contacted on 1300 657 380 or at www.blueknot.org.au; Bravehearts Inc, which offers counselling and support for survivors and child protection advocacy, can be contacted on 1800 272 831; 1800 Respect is a 24-hour telephone and online crisis support service available on 1800 737 732 or at www.1800respect.org.au; for 24-hour crisis support and suicide prevention call Lifeline on 13 11 14 or visitwww.lifeline.org.au. | In Australia, Blue Knot Foundation can be contacted on 1300 657 380 or at www.blueknot.org.au; Bravehearts Inc, which offers counselling and support for survivors and child protection advocacy, can be contacted on 1800 272 831; 1800 Respect is a 24-hour telephone and online crisis support service available on 1800 737 732 or at www.1800respect.org.au; for 24-hour crisis support and suicide prevention call Lifeline on 13 11 14 or visitwww.lifeline.org.au. |