George Pell may face new sex abuse claims

Lawyers for sex abuse survivors have quietly weighed further legal action against George Pell and the Catholic Church.

Cardinal George Pell. Picture: AP

Lawyers for sex abuse survivors have quietly weighed further legal action against George Pell and the Catholic Church as the cardinal’s home diocese of Ballarat fights to fund payouts and run its day-to-day operations.

Legal sources have revealed that several people have surfaced to discuss allegations against Pell, 78, with potential civil action also flowing from some of the criminal charges that did not go to trial.

As Pell’s last-gasp High Court deliberations begin on Wednesday, The Australian can reveal that his incarceration has prompted inquiries from several people considering taking legal action against the cardinal.

The diocese of Ballarat or the church’s insurers are most at risk of having to fund any claims relating to his younger days in the church. Diocese of Ballarat business manager Andrew Jirik confirmed that other than Pell, the church still had dozens of outstanding abuse claims it was processing, and the church believed it could fund payments.

“We don’t know when this is going to end,’’ he said.

“We’d have dozens (of abuse claims) still outstanding.’’

There is intense speculation about what legal action could follow in the event of Pell being released from jail in the wake of the High Court hearing. The success or otherwise of any civil action would depend at least in part on whether or not the High Court rules in Pell’s favour.

Under new laws, the church entity that has the capacity to fund abuse payments is nominated as the party that is served any writ. This doesn’t stop clergy such as Pell being named in any documents as part of that ­action.

Pell, whose multi-million-­dollar legal bills are being funded by wealthy benefactors, no longer has any serious financial capacity to fight civil claims, regardless of whether he remains in jail. This means organisations such as the Ballarat diocese are left to foot the bill for any potential payouts if they relate in any way to the cardinal’s time in Ballarat.

Pell was convicted in 2019 of five sex abuse charges against two 13-year-old choirboys, leading to a six-year jail term. The convictions related to his time as archbishop of Melbourne, in 1996 and 1997. There were a series of other abuse allegations from the Ballarat diocese that did not go to trial.

Shine Lawyers national practice leader Lisa Flynn said the legal firm had a series of Ballarat-related abuse claims in which some were resolved and others were still active. She said Ballarat had been a hotspot of abuse for decades and it was common among abuse survivors for many people to keep their troubles to themselves. This meant that for every person who went to police, many others didn’t.

On Ballarat abuse, she said: “Some of those matters are resolved, some are ongoing.’’

Maurice Blackburn associate John Rule said the Legal Identity of Defendants Act was designed to nominate the appropriate entity to be sued to avoid the church or other organisations hiding behind legal technicalities to avoid payouts.

The High Court said on Tuesday that the full bench of seven judges would listen to arguments from both sides before declaring whether special leave would be granted to hear the Pell appeal.

Pell will be represented by Sydney silk Bret Walker SC and the prosecution by Victorian DPP Kerri Judd QC.

The court has several options when dealing with the case that include rejecting the application, accepting it but then rejecting Pell’s arguments, or accepting Pell’s arguments.

There is an outside chance the case could be referred back to the Victorian Court of Appeal.

Legal experts believe it is unlikely Pell will walk free this week, even if he gets a favourable outcome. This is because of the view that the court will want to be seen to be carefully deliberating over such a huge decision to overturn a jury verdict.

Pell has stridently maintained his innocence, saying he did not abuse the children in St Patrick’s Cathedral in 1996 and 1997.