Page 13: George Pell case magistrate and key prosecution witness on same radio show

EVENTS around this photo have left lawyers “gobsmacked”, as a key prosecution witness and the magistrate in charge of the Pell case appeared on the same ABC radio program.

Magistrate Belinda Wallington, left, and Louise Milligan.

THIS is the photo that has got legal eagles in a fine flap, with one senior source describing events surrounding it as “gobsmacking.”

The grim-faced woman on the left is magistrate Belinda Wallington, who is to decide whether Cardinal George Pell is to face trial on sex-abuse charges.

Page 13 was also gobsmacked to see the woman standing alongside her.

Louise Milligan, the one with the Mona Lisa smile, is key prosecution witness in the case of the cardinal.

Wallington appeared on the highly opinionated Jon Faine’s Conversation Hour last year with Milligan, who was plugging her book Cardinal: The Rise and Fall of George Pell.

Cardinal George Pell leaving the Melbourne Magistrates’ Court on March 29, 2018. Picture: AFP

Faine, who glories the sound of his own voice, said the book detailed new allegations about Cardinal Pell. He offered the opinion that it was his “conclusion” that “if he doesn’t sue, then that will tell us a lot.”

Faine might be a former legal aid lawyer, but his conclusions might be better kept to himself after the furore that has erupted.

Wallington was interviewed in the second half of the hour about Law Week.

At the end of the show, Milligan praised Ms Wallington and another magistrate, Pauline Spencer.

“I think it’s really great to see two judicial officers engaging like this”, she trilled. “I think people would really respond well to more of it. It’s lovely,” enthused Milligan.

Lovely is not a word being used by barristers associated with the Pell case.

Louise Milligan leaves court after testifying in the committal hearing for Cardinal George Pell. Picture: Stuart McEvoy/The Australian.

Apart from gobsmacking, “legal minefield” is a term being bandied around and lawyers saying it could give rise to an even more chilling judicial finding of “apprehended bias”.

“It is gobsmacking. How this could possibly be seen as fair is simply unbelievable,” one senior legal source with experience on the bench said.

Robert Richter, QC, said he could not comment on the issue. But “The Red Baron” tried previously to have Ms Wallington removed from the case, concerning her “biased view of the evidence”.

Chief Magistrate Peter Lauritsen said the issue had been declared and neither the prosecution or defence had sought to have Wallington recused.

“Magistrates Belinda Wallington and Pauline Spencer were invited on the Conversation Hour on 15 May last year to discuss Law Week events.

“The program was divided into two segments. The first included an interview with Ms Milligan and the second was the interview with the magistrates,” Lauritsen told Page 13.

As Jon Faine had explained when introducing them, their appearance had “nothing to do” with his previous discussion with Ms Milligan.

Wallington informed the prosecution and defence about the segment and the photo at a special mention early in the proceedings and asked if either was of the view that she should disqualify herself. The parties answered in the negative.

ABC spokeswoman Sally Jackson said Ms Milligan and Ms Wallington never discussed Cardinal Pell’s case.

“Louise Milligan and magistrates Belinda Wallington and Pauline Spencer were interviewed on ABC radio as part of Law Week in May 2017, before any charges were laid against Cardinal George Pell.

“They did not discuss specific allegations against Cardinal Pell, on air or off. They have not spoken before or since that interview,” Jackson said.

Shadow attorney-general John Pesutto preferred to say judicial officers needed to maintain their independence.

“While not commenting on any live case, the cherished principle of judicial independence dictates that judges be very cautious when active in mainstream or digital media,” Pesutto said.

“In general, although media appearances may not be judicial in character, judges should be judicious to avoid the risk of prejudicing proceedings through bias, apprehended bias or any failure to disclose relevant information.”

Matt Collins, QC, president of the Victorian Bar Association, said: “Both the prosecution and the defence are very well represented in Cardinal Pell’s committal hearing. The court is the appropriate forum for any questions arising in relation to the committal to be ventilated and resolved.”