Lawyers for Catholic Church say choir boy’s dad can’t sue clergy over alleged abuse

Lawyers say a choir boy’s father, who claims he suffered psychological harm over allegations his son had been abused by George Pell, can’t sue the Catholic Church. Here’s why.

Lawyers for the Catholic Church have argued the father of a choir boy who was allegedly molested by George Pell cannot sue the clergy because he was not the primary victim.

In 2018, 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 the cardinal was sensationally acquitted and walked free from prison following a High Court decision to quash the conviction.

In 2014, one of the choir boys died from a drug overdose having never told his parents or made a complaint about the alleged abuse.

The boy’s father launched civil action in the Victorian Supreme Court against the Catholic Archdiocese of Melbourne and Pell, claiming he suffered psychological harm upon learning of the alleged abuse against his son.

In a writ seen by the Herald Sun, the father — known by the pseudonym RWQ — claims his son died from a heroin overdose due to the psychological impact of the abuse.

Cardinal George Pell was sensationally acquitted. Picture: Victor Sokolowicz

But during a pre-trial hearing on Thursday, Chris Caleo QC, who is acting for the church, argued the father did not have capacity to sue as he was a secondary victim rather than a primary victim.

Mr Caleo cited a Royal Commission report and parliamentary inquiry paper did not outline compensation remedies for secondary victims, such as families of survivors.

High-profile human rights lawyer Julian Burnside, who is representing RWQ, disagreed, citing legislation enacted in 2018 did have provision for secondary victim claims arising from child abuse.

“Families of victims are victims of abuse as well in certain situations,” Mr Burnside said.

“A claim by a secondary victim is in our submission a claim of child abuse.”

RWQ claims he endured injury, loss and damages including past and future medical costs as a result of his son’s death.

The now 81-year-old Pell has always maintained his innocence.

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.

Justice Michael Phillip McDonald will reserve his decision for a later date.