George Pell and Catholic Church face new legal test as grieving father sues

After he walked free from prison two years ago, Cardinal George Pell and the Catholic Church is facing civil action over abuse claims.

Cardinal George Pell in Rome. Picture: Victor Sokolowicz

The father of a former choirboy, who alleges his son was sexually assaulted by George Pell, is suing the cardinal and the Catholic Church after suffering “nervous shock”, thrusting the historical allegations back into the limelight after two years.

The man, who cannot be identified, alleges their conduct was negligible and fell “below a reasonable standard of care”, and as a result he has suffered injuries, loss and damage.

After Cardinal Pell was acquitted of abusing two choirboys in 2020 and walked free from prison, Shine Lawyers chief legal officer Lisa Flynn said her client was now pursuing a “different path to justice”.

“The High Court made some decisions in relation to the criminal prosecution against Pell,” Ms Flynn said outside the Victorian Supreme Court on Thursday.

“Our case is a civil claim against George Pell and the Catholic Archdiocese,” she said.

“There are different (avenues) to justice that survivors of abuse (can pursue).” Cardinal Pell was accused of abusing two choirboys in 1996 and 1997. After he was initially found guilty in 2018, his convictions were overturned in 2020 by the High Court, which found there was reasonable doubt in the testimony of his sole living accuser.

The court found his story was deemed improbable because of the timing, nature and location of the alleged ­offending. One of the boys died from an accidental drug overdose in 2014.

Ms Flynn said her client has suffered psychological damage as a result of the ordeal.

“We’re here for the father of the deceased son, a son who our client alleges suffered sexual abuse at the hands of the church when he was a boy,” Ms Flynn said on Thursday. “I would like to take this (opportunity) to say to survivors of sexual abuse that we will not stop fighting for you.”

Shine Lawyers chief legal officer Lisa Flynn. Picture: NCA NewsWire / David Crosling

Ms Flynn said she could not discuss the damages her client is seeking but said he has “has been through a lot”.

“He has lost a child, which is horrific for any parent to have to go through, but learning the circumstances about what happened to him has been very difficult for him,” she said.

“Our client has suffered significant psychological harm.”

Details of the alleged abuse are rehashed in the statement of claim, including claims the two choirboys – about 13 years old – were both sexually assaulted by Cardinal Pell at St Patrick’s Cathedral in Melbourne after a mass.

The legal document claims Cardinal Pell also inappropriately touched other boys aged nine to 12 between 1961 and 1997, and was not a “fit and proper person”.

“The second defendant (Cardinal Pell) took steps to avoid sexual abuse and sexual misconduct by the clergy becoming known,” the claim read.

Cardinal Pell has previously denied the allegations.

The claim also reported the former choirboy started using illicit drugs from the age of 14 and died from a heroin overdose caused by the “psychological impact of the abuse”.

At a brief directions hearing on Thursday, the case was set down for August 4.

Justice Michael McDonald asked lawyers representing the Melbourne Archdiocese, including Geraldine Gray and Cardinal Pell’s representative, Nicholas O’Bryan, if they intended to use the Ellis defence, which has allowed unincorporated organisations – like the church – to deny liability for alleged child abuse.

While the defence was abolished in Victoria in 2018, it is unclear if it could be used in cases brought by victims’ families.

The Catholic Archdiocese of Melbourne has been contacted for comment.