Dead choirboy’s father given all clear to sue the Catholic Church

The father of a dead choirboy, who says he suffered psychological harm over claims his son had been abused by George Pell, has been given the all clear to sue the Catholic Church.

Victoria’s highest court has cleared the way for the father of a dead choirboy allegedly sexually assaulted by Cardinal George Pell to sue the Catholic Church.

The Archdiocese of Melbourne failed in its attempt to block the choirboy’s dad, known as RWQ, from pursuing the clergy for damages for mental harm after he learned of his late son’s alleged abuse.

The church’s argument, that the father could not sue because he wasn’t the primary victim, was rejected by the Supreme Court in August last year and immediately appealed by the clergy.

But the Court of Appeal on Friday dismissed the church’s attempt, upholding the original ruling.

The judgment was labelled “momentous” by RWQs lawyer, Gabrielle Verhagen, who said it opened the door to families who suffered injuries as a result of abuse sustained by the people they love.

“It now expands the definition of child abuse plaintiffs to those other people affected by the abuse,” the senior solicitor from Shine Lawyers said outside the Court of Appeal.

Victoria’s highest court has cleared the way for the father of a choirboy allegedly sexually assaulted by George Pell to sue the Catholic Church. Picture: Franco Origlia

“Child abuse is the worst thing that anyone could ever experience and the victim-survivors aren’t just those who experience the abuse, it impacts their entire family and all of their loved ones as well, and the court has now recognised this in this decision for RWQ.”

It is not known whether the Archdiocese will appeal the decision to the High Court.

A spokeswoman for the church said: “The Catholic Archdiocese of Melbourne acknowledges the Court of Appeal’s decision today in RWQ v Catholic Archdiocese of Melbourne and Others and we will consider the reasoning and the implications of the decision in the coming days.”

Ms Verhagen said she would now focus on the civil trial, and to “try and seek justice for RWQ and his family”.

Pope Francis with George Pell after the cardinal returned to the Vatican in late 2020.

She said the Catholic Church “ought to be doing everything in its power to compensate victim-survivors, rather than trying to wash its hands of responsibility”.

The choirboy, who cannot be identified, died of a heroin overdose 2014 following alleged abuse by the Cardinal after Sunday mass at Melbourne’s St Patrick’s Cathedral, in 1996.

He had never told his parents or made a complaint about the allegations.

In 2018, a County Court jury found Pell guilty of sexually abusing him and another choirboy, who were both in their early teens.

But Pell appealed to the High Court, which sensationally quashed his conviction and acquitted him, allowing him to walk free from jail two years later.

Pell returned to Rome, where he died in January at the age of 81.

RWQ claims his son died from a drug overdose because of the psychological impact of Pell’s alleged abuse.

In his Supreme Court civil writ against Pell’s estate and the church, he claims injury, loss and damage.