Choir boy’s father big court win over Catholic Church
A man who claims his son — a former choir boy — was abused by George Pell has had a big win in his bid to sue the Catholic Church.
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A Victorian judge has ruled the Catholic Church can be sued by the father of a choir boy who was allegedly abused by George Pell.
In a judgment that could pave the way for other families to sue the clergy, Supreme Court Justice Michael McDonald on Wednesday ruled the church could not use a legal technicality to avoid civil lawsuits.
The choir boy’s father – known by the pseudonym RWQ – launched civil action against the Catholic Archdiocese of Melbourne and Cardinal Pell, claiming he suffered psychological harm upon learning of the alleged abuse against his son.
The choir boy, who died from a heroin overdose in 2014, never made a complaint about the alleged abuse.
Earlier this month, lawyers for the Catholic Church argued the case should be struck out, contending “primary victims” of child abuse could make claims but not “secondary victims”, such as a families of survivors.
But Justice McDonald disagreed, finding legislation enacted in 2018 did include provision for secondary victims to make civil claims against the church.
“I have concluded that the application of the Act to non-government organisations is not confined to claims founded on or arising from child abuse of the plaintiff,” he said.
The justice ordered the clergy to pay the legal costs of RWQ.
In 2018, Cardinal Pell was found guilty by a County Court jury of sexually abusing two teenage choir boys at Melbourne’s St Patrick’s Cathedral after a Sunday mass in December 1996.
But two years later he was sensationally acquitted and walked free from prison following a High Court decision to quash the conviction.
The now 81-year-old Cardinal Pell has always maintained his innocence.
Cardinal Pell served as Archbishop of Sydney and Melbourne before he rose to become one of the most senior figures in the Catholic Church as treasurer of the Vatican.
RWQ’s case will return to the Supreme Court at a later date.