Cardinal George Pell to accept sentence if conviction upheld
Cardinal George Pell won’t seek a reduced sentence if the Court of Appeal upholds his conviction.
Convicted pedophile Cardinal George Pell won’t seek a reduced sentence if the Court of Appeal upholds his conviction for sexually abusing two Melbourne choirboys in the 1990s.
Pell was found guilty by a jury in December of one charge of sexual penetration of a child and four charges of committing an indecent act with, or in the presence of, a child.
Victorian County Court Chief Judge Peter Kidd sentenced Pell in March to six years’ imprisonment with a non-parole period of three years and eight months.
An application to appeal against the conviction has been lodged on three grounds and will be heard next week.
It was confirmed yesterday that Pell would not be adding an appeal against the sentence, which would have to argue that the sentence was “manifestly excessive”.
Pell’s legal team, led by specialist appeals barrister Bret Walker SC, will first argue that the verdicts were “unreasonable” because the jury could not have been satisfied beyond reasonable doubt that Pell was guilty on the word of the single surviving complainant against “unchallenged exculpatory evidence” of more than 20 prosecution witnesses.
They are also set to argue that Chief Judge Kidd was mistaken in not allowing the defence to use a video graphic in barrister Robert Richter’s closing arguments, which he said would demonstrate that the offending was impossible.
A third ground claims there was a “fundamental irregularity” in the trial because Pell was not arraigned — asked if he pleaded guilty or not guilty — in front of the chosen jury.
If the judges accept the first ground, Pell’s conviction will be overturned and he will be released. A new trial could be ordered if they accept the second or third grounds.
While Pell remains Australia’s highest-ranking Catholic, the Vatican has launched its own investigation into his convictions.
Vatican spokesman Alessandro Gisotti said that, while the verdict was “painful”, Pell “has the right to defend himself until the last stage of appeal”.
Additional reporting: AAP