Captain’s call: Pope may rule on Pell’s future in the church

The Pope faces an extraordinary decision over George Pell’s future in the church.

Cardinal George Pell leaves court during his trial in Melbourne.

The Pope faces an extraordinary captain’s call on George Pell’s ­future in the church unless the Vatican can engineer a full can­onical trial into the cardinal, which could include the Australian complainant giving evidence.

Momentum is gathering in the Vatican for a full inquiry into the Pell sex abuse convictions, particularly amid the strident defence of the cardinal in some church circles.

However, a full inquiry may be possible only if the church can receive all the key evidence from Australia, which includes suppressed information and the unlikely spectre of the victim wanting to help out the Vatican or expose himself to further questioning.

This could lead to the Pope having to determine how to proceed against Pell, possibly personally backing his defrocking.

The incarceration of the 78-year-old also would make his involvement in any Vatican investi­gation extremely problematic unless prison authorities elevated the church inquiry to the effective status of a royal commission and he was able to give evidence via videolink.

The Vatican is awash with speculation about the prison-bound Pell’s future in the church, which will be decided after the High Court process is dealt with.

US canon lawyer Ed Condon has forecast that a full church trial examining the sex abuse ­allegations against Pell is possible but contingent on the victim and other evidence being made available.

“All signs point to Pell receiving a full canonical trial, a process which can, if allowed to fully develop, stand next to any secular court system for legal probity,’’ he wrote for the Catholic News Agency. “But that is a big if. The first hurdle will be the access to primary evidence and testimony.’’

The outcome of last week’s split Court of Appeal judgment has been discussed widely in Rome, given Pell’s high profile and the desire of Francis to ­address the sex abuse scourge.

Pell, a divisive figure in Australia, has some strong support in the Vatican as well as opponents who have railed against his financial reforms while he was effectively Rome’s treasurer.

Any support for Pell comes despite his being jailed for six years for molesting two choirboys in 1996 and 97.

The contested nature of the Court of Appeal judgment, which found 2-1 against Pell, has further complicated the way the Vatican will approach the convictions.

It said earlier this year it had started investigating Pell over the five County Court convictions but this has now stalled until, or if, the High Court hears Pell’s ­appeal. It has been misreported around the globe that the first County Court jury was heavily weighted in favour of Pell, leading to a mistrial.

The truth is that no one knows for certain how that jury voted, ­although it did fail to agree on his guilt or innocence.

All that is certain is at the second trial the jury unanimously convicted Pell of the St Patrick’s Cathedral, Melbourne, charges. This was followed by the majority Court of Appeal verdict with the well-publicised dissenting finding by judge Mark Weinberg.

The Vatican is not expected to reveal its exact process for investigating Pell until after the High Court is resolved. Normally, a member of the clergy accused of abusing children faces trial under the Code of Canon, with up to five bishops casting judgment on the accused but the Pope also has the right to judge guilty clergy.

Dr Condon believes a full-blown investigation is still possible, opening the way for considerable challenges in Australia, including what access the Vatican might get to the County Court evidence.

“Pell’s accuser would need to testify again before the canonical tribunal, and canonists from both sides have the opportunity to put questions to him — there is no guarantee he would be interested in participating,’’ he wrote.

Lawyers for the complainant did not respond yesterday but the victim, now aged in his 30s, has been reluctant to talk publicly about his ordeal and no longer has close ties to the church. Pell’s representatives did not respond.