Cardinal George Pell free from jail, but not from scrutiny

George Pell has spent his first night of freedom in a Melbourne monastery after the High Court ordered his immediate release from jail in one of Australia's most contentious cases.

The country's seven most senior judges voted unanimously to quash all of Cardinal Pell's convictions for child-sex abuse, ruling there was a "significant possibility" an innocent person had been convicted.

George Pell was released on Tuesday.Credit: Jason South

Cardinal Pell, 78, spent more than 400 days in jail after a County Court jury in 2018 found him guilty of five charges related to allegations he sexually assaulted two choirboys in 1996 in St Patrick's Cathedral in East Melbourne. He was Archbishop of Melbourne at the time and later became the church's third-highest ranking official as Vatican treasurer.

Pope Francis, who did not mention Cardinal Pell by name, made this pertinent statement on Twitter following his daily Mass on Tuesday: "In these days of #Lent, we've been witnessing the persecution that Jesus underwent and how He was judged ferociously, even though He was innocent.

"Let us #PrayTogether today for all those persons who suffer due to an unjust sentence because of someone had it in for them."

In a statement released on Tuesday night Australian time, the Vatican said it welcomed the High Court's decison and had "always expressed confidence in the Australian judicial authority".

"Entrusting his case to the court's justice, Cardinal Pell has always maintained his innocence and has waited for the truth to be ascertained," the statement said.

"At the same time, the Holy See reaffirms its commitment ro preventing and pursuing all cases of abuse against minors."

The High Court judges, having earlier granted the Cardinal's appeal in a courtroom near empty because of the COVID-19 crisis, said in a summary: "The jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant's guilt with respect to each of the offences for which he was convicted."

Within hours of the High Court's ruling, Cardinal Pell was released from Barwon Prison and driven in a four-car convoy to the Carmelite Monastery in Kew.

The Cardinal's spokeswoman would not comment on how long he would stay at the monastery or whether he had long-term plans to return to the Vatican. The coronavirus lockdown means he will likely mark Easter at the monastery.

"I have consistently maintained my innocence while suffering from a serious injustice," Cardinal Pell said in a statement.

"This has been remedied today, with the High Court's unanimous decision. I look forward to reading the judgment, and reasons for the decision in detail.

"I hold no ill will toward my accuser. I do not want my acquittal to add to the hurt and bitterness so many feel. There is certainly hurt and bitterness enough."

The former choirboy who alleged Cardinal Pell abused him and his friend declined to comment but his lawyer is to address the media on Wednesday.

The other former choirboy died in 2014 aged 31, having never spoken to police.

Advocates for complainants in unrelated sex-assault cases were shocked by Tuesday's decision and feared it would deter accusers from coming forward.

Chrissie Foster, whose daughters Emma and Katie were raped by their parish priest as schoolgirls, said the ruling conveyed a message of "Don't bother" to complainants.

The Centre Against Sexual Assault reported it had fielded calls from vulnerable people who were distressed and angry at having their own memories of trauma brought to the surface.

In a letter to clergy and parishioners, Melbourne Archbishop Peter A. Comensoli, said the judgment marked the end to "an intense and painful time for all those personally involved, those who have experienced abuse, and for the Catholic community in Melbourne".

Cardinal Pell entering the Carmelite Monastery in Kew after he was released from Barwon Prison. Credit: Channel Nine

Archbishop Comensoli acknowledged Cardinal Pell's accuser had the right to report his allegations, but noted the Cardinal had steadfastly maintained his innocence.

Cardinal Pell's acquittal doesn't mean his remaining years will be peaceful.

His attempt to restore his reputation could be hampered by the release of findings made specifically about him by the Royal Commission into Institutional Responses to Child Sexual Abuse.

Federal Attorney-General Christian Porter said on Tuesday that he would spend the next few weeks deciding whether to restore information that had been redacted in the final report given the huge public interest. Mr Porter said he would consult with interested parties and the Victorian government.

Tuesday's ruling could trigger an examination of how the case got so far in Victoria’s criminal justice system when the High Court judges agreed a guilty verdict couldn't be supported.

The High Court found evidence given by other witnesses who were at St Patrick's should have raised doubts about whether Cardinal Pell had an opportunity to commit the crimes he was accused of.

The High Court found this evidence should have caused a jury to have reasonable doubt, and should also have caused the Court of Appeal majority of Chief Justice Anne Ferguson and Court of Appeal President Chris Maxwell to have misgivings about the jury’s verdict.

The Office of Public Prosecutions declined to comment.

With David Crowe, AAP

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.