George Pell appeal ‘inevitable’, sources say
Almost a week after his sensational appeal loss, the Herald Sun can reveal George Pell hasn’t had the chance to meet with his legal team, but sources say a High Court challenge is “inevitable”.
Law & Order
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George Pell’s legal team is working around-the-clock to dissect last week’s Court of Appeal judgment with a high court challenge understood to be inevitable.
Almost a week after his sensational appeal loss, the Herald Sun can reveal Pell hasn’t had the chance to meet with his legal team to plan his next move.
But sources close to the Cardinal say an appeal is extremely likely, with his legal team encouraged after studying the 325-page Court of Appeal judgment.
More than 200 pages of the judgement spelled out Justice Mark Weinberg’s argument for Pell’s acquittal on five convictions over the sexual abuse of two choirboys while he was Melbourne Archbishop in the 1990s.
However Chief Justice Anne Ferguson and Court of Appeal president Chris Maxwell disagreed, dismissing each of Pell’s grounds of appeal.
Pell’s lawyers have not yet had the chance to sit and discuss the judgment with him, or take firm instructions about a High Court appeal.
A High Court move is Pell’s last chance to prove his maintained innocence, and avoid serving the rest of his six year maximum jailterm.
No paperwork has been prepared or filed with the High Court on his behalf.
Pell has 28-days from last Wednesday to lodge his application for special leave to appeal.
His lawyers can lodge no more than 12 pages arguing their application.
At least two judges of the court could decide the application “on the papers” meaning no court date is required.
If a court date is required, for the High Court to hear more about the application, Pell’s lawyers will have just 20 minutes to articulate their case.
The application for special leave will either be thrown out on the spot, or granted, meaning a substantial appeal hearing will follow.
But legal experts say it could be at least a year before the court hears any substantial appeal.
University of Melbourne law professor Jeremy Gans said the court could expedite the hearing because of Pell’s health and fairly short sentence.
It is understood Pell’s team is confident of getting the case before the High Court, but legal experts say even if Pell can convince the court to hear the case, success in the High Court is rare.
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There are just four more court dates for the hearing of special leave applications this year.
A source close to Pell said it would be “surprising” if the matter didn’t end up in the High Court.
“Weinberg has done an impeccable job. In lots of ways he has done the hard work for the High Court if that’s where this case ends up,” they said.
A spokesperson for Cardinal Pell said a High Court decision had still not been made.
“The lawyers are still going through the judgment,” she said.
“They will obviously discuss this with the Cardinal. When a decision is made, a statement will be released.”