George Pell case ‘to test our faith in justice’

George Pell’s acquittal is the latest in a series of legal matters that have caused public confidence in Victoria’s legal system to waver.

Cardinal George Pell arrives at the Seminary Of The Good Shepherd in Sydney last week. Picture: AAP

Cardinal George Pell’s acquittal is the latest in a series of legal matters that have caused public confidence in Victoria’s legal system to waver, according to state opposition legal affairs spokesman ­Edward O’Donohue.

Mr O’Donohue’s concerns have been echoed by retired barrister Peter Faris QC, who said the Pell case had exposed failures within Victoria’s justice system which had to go all the way to the High Court to be remedied.

In an opinion piece in The Australian, Mr O’Donohue ­argues that while courts often disagree and the ability to appeal ­decisions is part of the checks and balances our system affords, it is “extremely rare (and humiliating) for a matter of such public importance … to be dispensed so quickly and unequivocally”, as the Pell case was with the High Court’s 7-0 decision last week.

“The decisions of Victoria Police, the Director of Public Prosecutions, Kerri Judd QC, and others to pursue this case so aggressively must now be questioned,” Mr O’Donohue writes.

“The Premier (Daniel ­Andrews) must also answer as to whether there was any political pressure brought to bear to pursue this case.”

Mr O’Donohue cites as a “second major embarrassment” for Victoria Police the High Court’s 2018 decision to lift the suppression order on police informant Nicola Gobbo’s identity.

The court found Victoria Police’s decision to register Ms Gobbo, also known as Informant 3838 and Lawyer X, as “atrocious” and “reprehensible conduct”, ultimately leading to the establishment of the Lawyer X royal commission.

Mr Faris said the Pell case should not have needed to go all the way to the High Court to be remedied.

“I think it is pretty sad for Victoria that the two judges that were overturned were the two top judges — the Chief Justice and president of the Court of Appeal,” Mr Faris said of the decisions of Anne Ferguson and Chris ­Maxwell.

He said it was easy to wonder if the High Court thought the Victorian courts “don't even understand about reasonable doubt”.

Mr Faris said Mr Andrews needed to take responsibility for his state’s justice system, citing the Premier’s statement in response to the Pell case last week, in which he said he would not comment on the High Court’s decision but wanted “every single victim and survivor of child sex abuse” to know “I believe you”.

“Premier Andrews made no comment and then … spoke in favour, not of victims but people who had made allegations,” Mr Faris said. “He’s not accepting any responsibility for the state of Victoria, for what is legally their problem. I don’t think heads are going to roll or there’s going to be an inquiry when you have got the Premier dismissing the High Court as not worthy of his comment.”