Cardinal George Pell has submitted an application for leave to appeal his conviction to the Australian High Court, following the August 21 decision by the Court of Appeal in Victoria to uphold his conviction for child sexual abuse.
Sources close to the cardinal told CNA on August 26 that Pell would be exercising his final appeal and that, while the majority of “special leave to appeal” cases were not granted by the High Court, his case would likely be accepted given the controversy triggered by the split decision of the Appeal Court judgement.
In seeking to take his case to the High Court in Canberra, Australia’s supreme court, Pell is exercising his last legal avenue to overturn a conviction which has divided opinion in the country and internationally.
The cardinal was convicted on December 11, 2018, on five charges that he sexually abused two choristers after Sunday Mass while he was Archbishop of Melbourne in 1996 and 1997.
He was sentenced to six years in prison, of which he must serve at least three years and eight months before being eligible to apply for parole.
The judges were divided on Pell’s primary ground of appeal, that the decision of the jury was “unreasonable.”
At particular issue was the question of whether the jury which convicted Pell had properly weighed all of the evidence presented in his defense, or reached the determination of guilt despite the demonstration of clear “reasonable doubt” that he committed the crimes with which he was charged.
In an extensive dissent from the majority finding, Justice Mark Weinberg noted that the entirety of the evidence against Pell consisted of the testimony of a single accuser, whereas more than 20 witnesses were produced to testify against his narrative.
Full story at The Catholic Herald.
I hope Pell gets every measure of justice due him, but let’s review what we learned from Pell’s last visit to CCD:
1) Pell was unanimously convicted in a trial in front of a jury, a judge, and the press of 5 counts involving a child molestation incident in which 4 weeks of evidence was heard. Pre-trial motions had already eliminated some accusations for which there was insufficient evidence to put before a jury. Post-trial appeals have so far failed to convince judges that the jury erred in its unanimous conviction.
2) Pell has been accused of similar incidents going back decades which at least one 2002 judge had found that the Church would be allowed to litigate sex abuse claims Pell allegedly committed in the 1960s. Through a largely secret process, the Church convened a tribunal which concluded that the claim was credible but that too much time had passed to render a definitive conclusion.
3) The 2019 conviction was preceded by a hung jury. Pell has never been aquitted by that jury or any tribunal that looked into either his personal behavior, or his handling of abuse accusations by priests under his care. In fact, he has made highly inflammatory statements saying that the Church should not be responsible for abusive priests.
Justice Mark Weinberg noted that the entirety of the evidence against Pell consisted of the testimony of a single accuser, whereas more than 20 witnesses were produced to testify against his narrative.
The rest all hearsay (fake news!) from the “liberal, homosexual, pro-abortion, pro-death” crowd who had it in for him from the beginning because of his strong stance against abortion and homosexuality.
Here we go again Ronnie. You make accusations that you cannot prove. That he was railroaded, that his prosecution comes from those who victimized Pell because of his positions. Actually, it is you who come to his defense, who refuse to believe decades of accusers, because of Pell’s positions on issues about which you are fanatical, rather than the totality of evidence against him. Neither you nor I know what really went on during those incidents, but your absolute commitment to him and your unfounded accusations against the real victims and others illustrates why it has been so difficult to rid our Church of the scourge of clergy child sex abuse.
You’re absolutely right. Neither you nor I know for certain whether he is innocent or guilty but all the evidence to me and many others, points to a set-up. I strongly condemn this homosexual sex abuse scandal and have been very outspoken for the victims and have strongly condemned the homosexual infiltration of the Priesthood, it seems forever now. What I don’t understand is your obsession with one Cardinal who seems to have be railroaded because of his opposition to the same infiltration which caused this abomination in the first place.
Finally, the entirety of the evidence against Pell consisted of the testimony of a single accuser. Nothing else was proved and just because the “fake” news says so doesn’t make it so.
From the available public record, Cardinal Pell should have been acquitted, without question. However, by all accounts, Cardinal Pell is a marked man (by the Vatican). We need to pray for the good Cardinal, and that all that is right carries the day on appeal.
Australian courts are often outcome oriented, tailoring the law to fit whatever conclusion fits a radical agenda. Cardinal Pell represents Tradition and this is a chance to get him, to put him away. This is the true issue. Pray for Cardinal Pell.
I have always been upset, reading accounts of alleged past sex abuse cases, involving either Pell, or his Ballarat housemate, Gerald Ridsdale, a laicized priest whom Pell supported– who was sent to jail, for horrific convictions of child sex abuse! Also, I read that many sexually abused kids under Pell’s care, in Ballarat– later killed themselves! (Pell served as Vicar of Education in Ballarat) . I do not like knowing this information– how trustworthy are our Church leaders?? How SAFE are our children?? Don’t trust the Pope, either!
Agree St. Christopher. His enemies are many including some here.
Sorry for the typo on the third line, of my last post– it should read, “victim!’
Strangely– my post of 1:30am, was referring to a previous post of mine– that didn’t get printed, for some reason! Anyway– they said in the news, that Pell was sent to the same prison as Ridsdale. It is awful, to read the history, of Ridsdale’s clergy sex abuse victims! The youngest was a little boy, only four years old! Most victims of clergy sex abuse crimes never fully recover– and many even kill themselves! I am so sorry for them all! Can the Church ever correct this horrible situation??
According to Biblical teaching if he is guilty, he should be punished, and if he is not, his named should be cleared, and he should remain a cardinal.
On the other hand, according to Biblical standards, if anyone is deliberately lying and saying the cardinal did something he did not do, they should receive the same punishment that they tried to inflict on Cardinal Pell,
I pray justice is served, and that God reward or punish each one accordingly.
Instead of arguing whether or not Cardinal Pell is guilty, which none of us know, might I suggest we all pray for justice, upon which, I hope, all of us can agree?
YFC, you comments to Ronnie (“who refuse to believe decades of accusers”) are disingenuous at best. It is absolutely correct that Pell was convicted by the claims of one person; and as you well know the other person with the accuser, before he died, recanted the entire story. You do not seem to understand how deeply Pell was loathed by those in Australia for upholding Church teaching on matters for which you have a dog in the fight, and it is absolutely essential to study the role of the Vatican as Pell was getting close to exposing the corruption in the Vatican bank. Just as Vigano exposed the homosexual cabal in the Vatican and is now hiding for his life, so Pell may have suffered a similar fate only this time by different means. This is an angle that must be studied and if true exposed for the evil it is.
You are saying that the Vatican Bank officials payed off the Australian judge, jurors and the accuser?
I said the matter should be investigated. If there are dots to connect, they should be connected.
So because you have a conspiracy theory that you’d like to propose, that makes me disingenuous?