George Pell jailed for at least three years, on sex offenders list for life
George Pell’s fall from the top of the Catholic Church is complete after he was jailed for child sex offences until at least 2022, but his surviving victim says it is difficult to take comfort in the sentence as the disgraced Catholic leader’s upcoming appeal looms.
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George Pell’s fall from the top of the Catholic Church is complete after he was on Wednesday jailed for child sex offences until at least 2022.
Should his appeal against five child sex convictions fail, the former Vatican treasurer will be defrocked immediately, church sources say.
He can no longer perform any of the Catholic sacraments such as baptisms, weddings and confessions.
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The 77-year-old was jailed for six years by County Court Chief Judge Peter Kidd, who described his crimes as “breathtakingly arrogant”.
He was ordered to provide police with a DNA sample and was placed on the sex offenders’ register for life.
It means he can never again work with children.
Pell was found guilty of molesting two St Patrick’s Cathedral choirboys, one on two separate occasions, months after being appointed Melbourne Archbishop in 1996.
He vehemently denies any wrongdoing and is hoping to clear his name at an appeal that has been listed for June.
Never seen defence lawyers get a police escort leaving court. Pell lawyer Robert Rochter just got one. pic.twitter.com/VVYYmZagG9
— Shannon Deery (@s_deery) March 13, 2019
SCROLL DOWN TO READ FULL SENTENCING REMARKS
Pell remained stoic throughout Wednesday’s sentencing hearing, showing no sign of emotion.
Holding his head high he appeared almost defiant.
The Chief Judge took just over an hour to deliver his sentencing reasons, that for the first time in the court’s history were broadcast live, and around the world.
More than 120 people packed into court 3.3, the County Court’s largest courtroom, having started gathering outside before sunrise.
As a result of fears for Pell’s safety, he was flanked by five prison guards.
The Chief Judge was scathing about Pell’s crimes, saying he exploited his position as archbishop and breached the trust placed in him by the choirboys and their parents.
“Authority mattered within the cathedral and was very much respected. The evidence shows you were profoundly revered,” he said.
“In part, the choirboys were performing to please you, as archbishop.
“The choirboys were the least powerful and most subordinate within the cathedral.
“The power imbalance … was stark.”
Pell had humiliated and degraded his victims, the Chief Judge said.
“The offending … was on any view breathtakingly arrogant,” he said. “Your sexual abuse involved multiple different activities and actions.
“You continued to offend with callous indifference to the victims’ distress.
“You were confident your victims would not complain.”
Pell’s age and health were key sentencing considerations: the Chief Judge said it was a real possibility that Pell would not survive to be released from his imprisonment.
But he said he was obliged to sentence Pell without fear or favour.
“I am conscious that the term of imprisonment, which I am about to impose upon you, carries with it a real — as distinct from theoretical — possibility that you may not live to be released from prison,” the Chief Judge said.
Pell will seek leave to appeal against his convictions at a hearing in the Court of Appeal on June 5.
If the court grants him leave, the appeal will be heard immediately.
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Pell was convicted following a retrial; a first jury had been unable to reach a verdict.
In the second trial, the jury accepted that Cardinal Pell had abused the two young choirboys in 1996, after a Sunday Solemn mass inside St Patrick’s Cathedral which had followed his first mass there as archbishop.
Pell was also convicted of abusing one of the boys again, a month later.
In his police interview, a recording of which was played to the court, Pell said he would be able to prove the offences alleged were impossible.
One of the main defence arguments was that as archbishop, he was never left alone inside the cathedral.
Following Wednesday’s sentencing, Prime Minister Scott Morrison urged Australians to support survivors of child sexual abuse.
THE FULL SENTENCING REMARKS
‘NO REST FOR ME’: PELL’S VICTIM
George Pell’s victim says he cannot rest, despite the sentence being handed down.
Lawyer Dr Vivian Waller said the upcoming appeal was overshadowing her client’s emotions.
“It is hard for me, for the time being, to take comfort in this outcome,” the victim said in a statement.
“… However, there is no rest for me. Everything is overshadowed by the forthcoming appeal. am aware of a lot of public comment by people who are critical of my evidence.
“But only the judge, the jury, Pell and the legal teams have heard my evidence. Regardless of the outcome of the appeal, a few facts will always remain.
“I gave evidence for several days. I was cross-examined by Peg’s defence counsel. A jury has unanimously accepted the truth of my evidence.
“Pell chose not to give evidence. The jury did not hear from him. He did not allow himself to be cross-examined.
“I have played my part as best I can. I took the difficult step of reporting to police about a high-profile person and I stood up to give my evidence. I am waging for the outcome of the appeal like everybody else.
Being a witness in a criminal case has not been easy. I’m doing my best to hold myself and my family together.”
The father of one of George Pell’s victims also weighed in on the sentence, saying he would sleep well tonight knowing Pell is behind bars.
The man’s son died in 2014, having never disclosed his abuse to anybody. The man, who cannot be identified, said he was grateful to Pell’s single surviving victim for pursuing the case.
“He kept it in for a long time and that would have been hell for him. Absolute hell. I’m really appreciative and thankful,” he said.
“I want to give him a hug. He was a fabulous little kid, he’s a fabulous man now.”
The victim’s father, who sat in court with family members of both victims, said Pell’s sentence was lower than he expected.
“I thought the sentence was insufficient. It’s not going to bring my son back. His sentence was a lifetime sentence.
“It does give me some satisfaction to know he’s going to be on the sex offenders register for the rest of his life. But hey, he’s incarcerated, he can’t hurt anybody.
“I’m hoping that the other survivors out there are satisfied with what’s happened.”
The man said he struggled to sit through today’s sentence.
“It’s not easy, it really isn’t easy, listening to the judge in there was hard. I was angry inside. I felt like my son’s life was wasted … for some guy’s two minutes of pleasure. It’s not easy to describe.”
WHAT NEXT FOR PELL
Pell’s legal fight is not over, with his high profile lawyers already lodging an appeal with papers showing it will be fought on three grounds.
The main fight centres around overturning the Cardinal’s guilty verdict, with the document arguing the verdicts were “unreasonable” based on the evidence.
The appeal papers filed also allege County Court Chief Judge Peter Kidd “erred by preventing the defence from using a moving visual representation” during its closing address.
Pell will seek leave to appeal his convictions at a hearing in the Court of Appeal on June 5.
If leave is granted, the appeal will be heard immediately.
Pell could apply for appeal bail pending the appeal, meaning he could be released back into the community.
If bailed, he would be immediately remanded again if his appeal failed.
Bret Walker, SC, will head up the appeal, with Mr Richter stepping aside to have fresh eyes on the case. Richter’s junior Ruth Shann and solicitor Paul Galbally who will remain on the cardinal’s case.
THE GUILTY VERDICT
Pell was convicted of abusing two choirboys months after being appointed Archbishop of Melbourne in 1996.
In December last year, a jury found Pell, 77, guilty of one count of sexual penetration of a child under 16 and four counts of an indecent act with a child under 16 — but a gag order prevented the verdicts being made public.
He was in the process of rolling out his controversial Melbourne Response at the time, a scheme set up to compensate victims of clerical abuse.
Pell was convicted following a retrial after a first jury were unable to reach a verdict in the case.
By the jury in this second trial accepted that Cardinal Pell abused the two young choirboys after a Sunday Solemn mass inside St Patrick’s Cathedral following his first mass as Archbishop there in 1996.
Just one of the victims gave evidence at trial. The other died several years ago and had denied being abused by any priest.
The living witness, now aged in his 30s, said he and his friend were young sopranos, on scholarship at prestigious St Kevin’s college under an obligation to sing in the cathedral choir.
He said after a Sunday mass he and the other victim ran away during a church procession and made their way to the priests’ sacristy inside the cathedral.
Once there they drank altar wine before being caught by Cardinal Pell who proceeded to indecently assault them.
Pell was found guilty of one count of sexual penetration of a child and four indecent act charges.
He has vehemently denied any wrong doing since he was first charged in June last year.
In a record of interview played to the court, he forcefully denied allegations made against him and said he would be able to prove the offences alleged were impossible.
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One of his key defences was that as Archbishop, he was never left alone inside the cathedral.
The suppression order was put in place to protect an expected trial over allegations Pell indecently assaulted boys at a Ballarat swimming pool in the 1970s.
But that case was dropped after prosecutors were prohibited using evidence they considered crucial to the case.
Pell’s prominent barrister Robert Richter, QC, was forced to apologise after the sentencing hearing last month after he sparked outrage when he described his client’s case as “no more than a plain vanilla sexual penetration case”.
Former prime minister John Howard’s was among 10 references given to the court telling of Pell’s humour, generosity and “exemplary character”.
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