Explainer: George Pell’s High Court appeal bid against child sex offence convictions

George Pell will today find out whether the High Court will hear his abuse conviction appeal.

The High Court will decide on Wednesday morning whether it will hear George Pell’s appeal against his conviction for child sex offences. Here’s an explainer of what happens today and what it means. Follow our live coverage from the High Court and the latest reaction to the ruling here.

What is a special leave to appeal hearing?

It’s a process where the High Court decides whether it will hear an appeal of a decision made by a lower court.

Professor Jeremy Gans at Melbourne Law School said there are two types of special leave hearings.

“In an oral hearing, each side gets to argue in front of three judges who then say yes or no,” he said.

“That’s not what’s happening tomorrow with Pell. It’s an announcement from the court of a decision already made by the judges after they’ve read the paperwork.”

“It will take about 30 seconds, it won’t be a long appearance.

“We’ll probably know the verdict by 9.31am,” he said.

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Why is there a special leave hearing?

Pell was convicted in December last year on one charge of sexual penetration with a child under 16 and four counts of indecent act with, or in the presence of, a child under 16, relating to two separate incidents at the cathedral in 1996 and 1997.

Bret Walker, the lawyer for George Pell.

The first incident related to choristers J and R who had left the procession and made their way to the priest’s sacristy where Pell caught them drinking sacramental wine.

Pell sexually abused the boys after mass in the sacristy.

The second incident involved Pell squeezing J’s genitals in a corridor.

Pell appealed his conviction to the Victorian Court of Appeal which held a two-day hearing in June.

In a majority 2-1 decision the court rejected Pell’s appeal.

In September Pell’s legal team filed a special leave to appeal application with the High Court. Their principal claim was that the Court of Appeal had reversed the onus of proof.

In their application Bret Walker SC and Ruth Shann, for Pell, said the majority judges “erred by finding their belief in the complainant required (Pell) to establish the offending was impossible in order to raise and leave a doubt”.

Will George Pell be there?

No, he will be in the Melbourne Assessment Prison.

The Melbourne Assessment Prison. Picture: Ian Currie

Will reasons for the decision be given?

The judge’s reasons for their decision will not be publicly announced and are based on written arguments submitted by both parties.

The court list shows Pell’s case will be the 22nd matter listed in Court 2 for “publication of reasons and pronouncement of orders”. The matter is listed before the Full Court.

What happens if the court grants his leave to appeal?

Professor Gans said if Pell’s special leave is granted, his High Court hearing would likely be in March or April next year, give or take a month.

The High Court would set a date for a full court hearing within the two regular sitting weeks scheduled for each month, usually booked two months in advance.

The appeal would take place in front of five or seven High Court justices, with lawyers from each side speaking for about two hours each.

Professor Gans said he would be surprised if Pell was there in person, his only role now being to instruct his lawyers.

George Pell’s appeal judges deliver the verdict in August, left to right: President of the Court of Appeal Justice Chris Maxwell, Chief Justice Anne Ferguson and Justice Mark Weinberg.

How long does a High Court appeal judgment take?

After the appeal, the judges would convene for around three months to come to a decision on whether to uphold the convictions, according to Professor Gans.

What happens if the special leave application is dismissed?

If the High Court rejects Pell’s special leave application, his convictions will be upheld and Pell would serve a minimum of three years and eight months in jail with a full term of six years.

Are there any other legal options left for Pell if he loses?

Legal experts said if Pell loses on Wednesday, he would most likely do his full time in jail.

The Victorian government introduced legislation into parliament in October that allows a second or subsequent right of appeal of convictions for indictable offences, in limited circumstances. It’s still being debated.

“The parliament is debating a bill allowing anyone convicted in the High Court to go back to the Victoria Supreme Court for another chance, but they need fresh evidence,” Professor Gans said.

“It’s been brought in because all other states do this and because the lawyer X case has made it necessary.”

George Pell leaves court in Melbourne last year.

Mirko Bagaric, Director of the Evidence-Based Sentencing and Criminal Justice Project at the Swinburne University Law School, said it was unlikely that the bill would afford Pell another chance.

“It would be unlikely that the act would apply, unless fresh evidence emerged such as retraction by a complainant, or something stark such as the emergence of new information not available at the time,” he said.

“Also, if you lose a special leave argument, and the High Court doesn’t grant it, it is possible for his lawyers to raise another special leave application in the most extreme circumstances with fresh evidence. But it’s almost zero – extremely unlikely. The likelihood of finding a new legal pathway is so remote to be fanciful.”