EDITOR'S NOTE: The High Court overturned Cardinal George Pell's conviction for historic child sex offences in a judgment handed down April 7, 2020. In a unanimous decision all seven High Court judges found Victoria's Court of Appeal should not have upheld Pell's conviction. It found the evidence could not support a guilty verdict.
Lawyers for Cardinal George Pell say there are 13 reasons his trial jury should have had reasonable doubt and not found the 77-year-old guilty of sexually assaulting two choirboys at St Patrick's Cathedral in the 1990s.
George Pell arriving at the Supreme Court on Wednesday morning.Credit: Eddie Jim
The lawyers say the offences could not have occurred because:
- The timing of the assaults was impossible. The victim initially told police both attacks took place in 1996 but prosecutors told the jury the second incident happened in 1997.
- It was not possible for Pell to be in the sacristy a few minutes after mass when witnesses said they saw him go to the front of the cathedral to greet parishioners.
- It was not possible for Pell to be robed and alone in the sacristy, because church officials always ensured the then archbishop was never left unattended.
- It was not possible for the two choirboys to be sexually assaulted in the sacristy undetected.
- It was not possible for the boys to leave a procession outside without being noticed.
- Officials near the sacristy did not see either boy.
- It was not possible for the boys to be absent from the choir room, after the procession, without someone noting their absences.
- It was not possible for the boys to re-enter the choir room unnoticed.
- The crimes attributed to Pell are physically impossible because he wore heavy, cumbersome robes.
- The prosecution case that the second incident happened in 1997 was contrary to the victim's own evidence.
- No one noticed the second incident when the victim said he was attacked in a busy corridor.
- It was not possible for Pell to be in the corridor because he would have either been greeting parishioners or at the end of any internal procession.
- Other people present did not see anything consistent with the prosecution case.