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Convicted sex offender and paedophile Cardinal George Pell may have an opportunity to have his name cleared after lodging leave to appeal his child sex abuse convictions before the High Court of Australia, despite just having his last appeal rejected.
The cardinal – who has been registered as a sex offender for life for his crimes against young choir boys – intends to argue the passage of time has made it difficult to rule in historic sex abuse claims. The Court of Appeal last month ruled against this.
Mr Hart said there is “great concern” over what this potential appeal means for those who have survived Cardinal Pell’s offending: “Abuse survivors who have stayed silent will be leaning on this decision for strength to come forward in future.”
“If Cardinal Pell is found not guilty and it’s a successful appeal, abuse survivors could take it the wrong way and there is great concern that an outcome could deter people who have experienced abuse from seeking help or reporting abuse.”
The High Court received a 12-page document arguing the majority erred in the finding that the onus was on Cardinal Pell’s lawyers to prove the offending was impossible.
His lawyers, Bret Walker SC and Ruth Shann, are arguing the jury was unreasonable in their verdict, claiming there was reasonable doubt over whether or not opportunities existed for the crimes to have occurred and pointing to the evidence it put forth.
Judges of the Court of Appeal surmised Cardinal Pell’s abuse of the young boys during his time as cardinal at St Patrick’s Cathedral in Melbourne was an “explicit expression of your authority over them” and pointed to the jury’s decision that the robes Cardinal Pell wore – and argued were too heavy to move – were easily adjustable.
Two out of the three justices who ruled in favour of upholding Cardinal Pell’s sentence said: “Having reviewed all of the schedules of evidence and material placed before us on this appeal, and having reviewed the evidence for ourselves, we are not persuaded that the jury must have had a reasonable doubt about the guilt of Cardinal Pell.”
Mr Hart said lawyers should expect to see a spike in the number of enquiries from the general public during the process of Cardinal Pell’s potential appeal, especially as the decision garners increased media attention. Mr Hart noted the decision will be key to bringing to the forefront the need to educate legal options for survivors.
“We will likely see a spike in enquiries from the general public this week. Bringing this sensitive issue into the limelight once again will bring a strong reaction from the greater community, given survivors have come forward to tell their stories,” Mr Hart said.
“We need to reassure the community and survivors that you do have entitlements and you should seek them. If he’s found not guilty, don’t let it stop you from sharing your story.”
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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