George Pell loses appeal on sex abuse conviction, eyes new court challenge
The Vatican says it respects Australia’s judicial system but points out the cardinal maintains his innocence and has the right to appeal.
- Pell’s appeal rejected
- New legal challenge explored
- Honours set to be stripped
- Robe defence thrown out
- Justice’s dissenting view
George Pell’s appeal against his child sex abuse conviction has been dismissed by the Court of Appeal and he will stay in jail. Pell was given six years in prison, with a non-parole period of three years and eight months, for abusing two boys in the 1990s. The ruling came via a 2-1 split decision.
Remy Varga 4.30pm: Vatican responds
The Vatican has issued a statement in the wake of today’s decision.
Holy See Press director Matteo Bruni said the disgraced cardinal maintained his innocence and had the right to appeal to the High Court.
“As the proceedings continue to develop, the Holy See recalls that the Cardinal has always maintained his innocence throughout the judicial process and that it his right to appeal to the High Court,” he said in a statement.
Mr Bruni said he respected the Australian judicial system and that the Holy See was committed to pursing clergy members who abused children.
“At this time, together with the Church in Australia, the Holy See confirms its closeness to the victims of sexual abuse and its commitment to pursue, through the competent ecclesiastical authorities, those members of the clergy who commit such abuse.”
David Penberthy 4pm: Pray for Pell, Catholics urged
Catholics have been urged to pray for the victims in the George Pell case — but also to pray for the disgraced Cardinal — in a letter sent to parishioners across South Australia by the Archdiocese of Adelaide after today’s court judgment.
Bishop Greg O’Kelly, the Apostolic Administrator of the Archdiocese of Adelaide, wrote to the state’s Catholics also promising that the church would redouble its efforts to ensure children were safe in its care.
While respectful of the Victorian Appeal Court’s decision, the letter also noted that it was not a unanimous one and that Cardinal Pell had the right to consider his options.
“There is a possibility of further appeal,” the letter states. “I am very aware that this decision will give rise to a range of responses from people and that there will be intense and emotive media coverage of the outcome.
“In any of our discussions and commentary we need to carefully consider, and be sensitive to, the needs of all, in particular the survivors of abuse and their families.”
Bishop O’Kelly acknowledged the standing of the church had been damaged by the case and others like it.
“In these challenging times for the Catholic Church, we must show humility, empathy and a deep commitment to being a Church that goes out to the peripheries while also doing all that we can to provide the safest possible environments in our parishes, schools and agencies,” he wrote.
“We pray for all those affected by this case, remembering also Cardinal Pell as he faces the consequences of this decision.”
His statement came after a tumultuous period in the Catholic Church in South Australia, with Bishop O’Kelly taking over as Apostolic Administrator in June last year as former Archbishop Philip Wilson was continuing what would ultimately be a successful fight against charges of concealing child abuse within the church.
Having originally been found guilty of those charges, Wilson submitted his resignation to Pope Francis in July of last year, only to have the conviction overturned by the District Court of NSW last December with the NSW DPP indicating it would not be appealing that decision.
The trial of Philip Wilson devastated many South Australian Catholics who regard Wilson as a good man who came to be known as “the healing bishop” with his candid handling of the child abuse cases while Bishop of the Wollongong diocese between 1996 and 2001.
He has since retired and has made no public comment since he was exonerated last year.
He served four months’ home detention prior to winning his appeal, where the court found it could not be proved beyond reasonable doubt that a 15-year-old altar boy, Peter Creigh, had told Wilson in 1976 that he had been abused by a fellow priest, James Fletcher, in the Maitland-Newcastle diocese in 1972.
Rachel Baxendale 3.20pm: Bishops respond
The President of the Australian Catholic Bishops Conference says Australia’s bishops believe all Australians must be equal under the law and accept today’s judgment.
Noting that the Cardinal’s legal team has said it will examine the judgment in order to determine a special leave application to the High Court, Archbishop of Brisbane Mark Coleridge said the bishops realised that this has been and remains “a most difficult time” for survivors of child sexual abuse and those who support them.
“We acknowledge the pain that those abused by clergy have experienced through the long process of the trials and appeal of Cardinal Pell,” Archbishop Coleridge said.
“We also acknowledge that this judgment will be distressing to many people.
“We remain committed to doing everything we can to bring healing to those who have suffered greatly and to ensuring that Catholic settings are the safest possible places for all people, but especially for children and vulnerable adults.”
Rachel Baxendale 2.50pm: All eyes on the Vatican
Sydney’s most senior Catholic says today’s split 2-1 decision from the Court of Appeal is consistent with differing views surrounding Cardinal Pell’s case, urging “calm and civility” in response to today’s verdict.
Archbishop Anthony Fisher said that from the outset, the Cardinal had strenuously maintained his innocence.
“He continues to do so notwithstanding today’s decision,” Archbishop Fisher said. “Today’s split decision among the judges is consistent with the differing views of the juries in the first and second trials, as well as the divided opinion among legal commentators and the general public.
“Reasonable people have taken different views when presented with the same evidence and I urge everyone to maintain calm and civility.”
Archbishop Fisher said he was limited in his ability to comment on today’s outcome given the Cardinal may yet decide to pursue a High Court appeal.
“Matters of the Cardinal’s status within the Church can only be determined by the Vatican, not the Church in Australia,” he said.
“I anticipate that the Holy See may well wait until the appeal process has been exhausted.”
Archbishop Fisher recommitted himself and the Archdiocese of Sydney to doing all they can “to ensure that past crimes are never repeated and that Church environments are the safest possible for children and vulnerable adults.”
“I pray for and will continue to support survivors of child sexual abuse at the hands of clergy and other members of the Catholic Church so that they may find justice and healing,” he said.
“I again say how sorry I am that you were harmed by people you should have been able to trust. I am conscious how you and your loved ones have had to live with the consequences of abuse for a lifetime.”
Archbishop Fisher said many in the Catholic community and beyond would find it difficult to come to terms with today’s judgment, “especially those who know the Cardinal and will struggle to reconcile this
outcome with the man they know. I thank them for persevering in faith, hope and love,” he said.
“As we wait to hear whether the legal process will continue, I will seek to provide pastoral support to those Catholics who may have found their faith tested.”
Olivia Caisley 2.35pm: Move to strip honours confirmed
Governor-General David Hurley has confirmed he could strip Cardinal Pell of his Order of Australia medal as honours may be taken away from those convicted of crime.
“Appointments to the Order of Australia may be terminated and one of the grounds is conviction for a crime or offence under a law of the Commonwealth, State or Territory,” the Governor-General said in a statement.
“Once all legal proceedings have run their course, the Council for the Order of Australia may make a recommendation to me as Chancellor of the Order, which I will act on.”
Remy Varga 2.20pm: ‘Weight lifted’
The father of the deceased victim says he feels like a great weight has been lifted from his shoulders but wishes his son was here with him today.
“I’m sad my son’s not here to see it,” he said. “I’m really happy for the other victim.
“For myself that was a great weight lifted ... almost like somebody was massaging my shoulders and the knot came out.” Read more here
1.40pm: Timeline of Pell case
1996
• Pell is appointed Archbishop of Melbourne by Pope John Paul II.
• He sexually abuses two 13-year-old choirboys after a Sunday solemn mass at St Patrick’s Cathedral, according to a later jury finding.
• A second indecent act is committed by Pell against one of the choirboys in a corridor at the Cathedral, the same jury found.
2001-2014
• Pell serves as Archbishop of Sydney.
• He is made a cardinal in 2003.
2016
• The Herald-Sun reports Pell is being investigated by Victoria Police’s Sano taskforce for “multiple offences” committed while he was a priest in Ballarat and Archbishop of Melbourne.
• Pell says the allegations are “without foundation and utterly false” and calls for an inquiry into how the police investigation became public.
• Pell gives evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse in Ballarat.
• Under Vatican rules, Pell gives Pope Francis his resignation on his 75th birthday, as is customary. It is not accepted.
• Victoria Police investigators hand over to the state’s Office of Public Prosecutions a brief of evidence on allegations of sexual abuse by Pell.
• Officers travel to Rome to interview Pell over the abuse claims. He voluntarily participates in the interview.
2017
• Police present their final brief of evidence to the Office of Public Prosecutions to consider charges.
• Prosecutors give police the green light to charge Pell.
• Pell is charged in June with multiple counts of historical child sex offences.
• He returns to Australia in July.
2018
• Magistrate Belinda Wallington orders Pell stand trial on some charges but throws out others.
• He formally pleads “not guilty”.
• Two trials are ordered, separating the 1970s and 1990s allegations.
• The 1990s “cathedral trial” begins in August in the Victorian County Court in Melbourne.
• The jury is discharged in September, unable to reach a verdict following a week of deliberation. Some jurors weep.
• A retrial begins in November.
• Pell is found guilty in December on all charges by an unanimous jury.
2019
• Hearings begin ahead of the second trial. Prosecutors drop another charge.
• An appeal is filed against the cathedral trial conviction.
• Prosecutors withdraw all remaining charges against Pell and drop a second trial over allegations Pell indecently assaulted boys in Ballarat in the 1970s when he was a parish priest.
• Pell is taken into custody on February 27 as the plea hearing begins.
• He is sentenced in March to a maximum of six years in prison, with a non-parole period of three years and eight months.
• Court of Appeal considers Pell’s application to challenge his conviction on June 5 and 6.
• Court of Appeal rejects Pell’s appeal in a 2-1 decision, meaning he will remain behind bars.
— AAP
Rachel Baxendale 1pm: Archbishop ‘respects decision’
Melbourne’s most senior Catholic says he is respectfully receiving the court’s decision to reject Cardinal Pell’s appeal, and his thoughts and prayers are with Pell’s surviving victim.
“I respectfully receive the Court’s decision, and I encourage everyone to do the same,” Archbishop Peter Comensoli said in a statement.
“That there have been two trials, and now today’s decision in the Court of Appeal, the complexity of the search for the truth in this matter has tested many, and may very well continue to do so.
“My thoughts and prayers are with the man who brought this matter before the courts.
“I humbly acknowledge it has been a challenging time for him, and I stand ready to offer pastoral and spiritual help, should he seek it.
“In Christian charity, I will ensure that Cardinal Pell is provided pastoral and spiritual support while he serves the remainder of his sentence, according to the teaching and example of Jesus to visit those in prison.”
Archbishop Comensoli said he also wanted to acknowledge with gratitude the people involved in the case.
“For many, this has been a demanding and distressing experience,” he said. “To the faithful of the Archdiocese of Melbourne, I want to acknowledge the deep impact today’s decision will have for you.
“My prayer is that all of us might reach out to each other in faith, hope and love, as I do for you at this moment.
“The Catholic Archdiocese of Melbourne continues to work with survivors to offer support for their healing, recovery and wellbeing.
“This is based upon an Archdiocesan-wide commitment to build a culture of respect and safety for all, and to reach out to those who courageously bring forward their stories.
“I recommit myself and the Archdiocese to a culture that listens, that seeks to bring justice and healing, and that protects children and vulnerable people.”
John Ferguson 12.10pm: Cardinal’s demolition complete
With his appeal rejected, George Pell’s legacy is fundamentally cooked. He may not even live through the incarceration. Read more here
Rachel Baxendale 11.55am: Pell’s team eyes appeal
Cardinal Pell’s spokeswoman, Katrina Lee, has issued a statement expressing his disappointment at today’s decision and maintaining his innocence.
“Cardinal Pell is obviously disappointed with the decision today,” Ms Lee said. “However, his legal team will thoroughly examine the judgment in order to determine a special leave application to the High Court.
“While noting the 2-1 split decision, Cardinal Pell maintains his innocence. We thank his many supporters.”
Rachel Baxendale 11.20am: Reaction from Pell’s home town
Bishop of Ballarat Paul Bird says the outcome of Cardinal Pell’s appeal is the culmination of months of uncertainty during which many people in the western Victorian town have experienced “conflicting emotions”.
Ballarat is Cardinal Pell’s birthplace and he was later a parish priest in Ballarat East.
It is also the town in which hundreds of children were abused by paedophile priests.
“I recognise that the whole process of the trial, conviction and appeal have been distressing for many in the community, particularly for victims and survivors of abuse and their families,” Bishop Bird.
“Publicity and discussion of sexual abuse often causes pain for victims of any abuse and this will be an extremely difficult time for many.
“There is a special impact on those of us who live in Ballarat because of Cardinal Pell’s connections with this city.”
Bishop Bird said it was also a troubling time for the Catholic community throughout the whole Ballarat diocese, “not only because of Cardinal Pell’s connections with our diocese but also because the entire Church community is again confronted by the terrible history of abuse of children and the breach of trust that that abuse involved.”
“I hope and pray that the finalisation of the legal processes will bring some sense of resolution to all those affected by the proceedings.”
Tessa Akerman 11am: What’s next for Pell?
George Pell’s legal team now has 28 days to file an application for leave to appeal to the High Court.
In accordance with the Judiciary Act 1903, the High Court may look at any matters it considers relevant but have regard to whether the proceedings involve a question of law that is of public importance or needs to resolve differences of opinion as to the state of law.
The High Court also has regard to whether the interests of the administration of justice, either generally or in the particular case, require consideration by the court.
Remy Varga 10.45am: Honours set to be stripped
Prime Minister Scott Morrison says George Pell will likely be stripped of his honours, which include an Order of Australia, after his appeal was quashed.
“The courts have done their job, they’ve rendered their verdict,” he said. “That’s the system of justice in that country that must be respected.
“Of course in my understanding that means the stripping of the honours happens externally to the government.
“That is a process that’s done independent and that of course will now follow.
The PM urged abuse survivors who had been triggered by today to seek help.
“As I said at the time of the earlier finding, events like this today bring it all back and I would urge Australians who find themselves reliving these experiences to reach out to those around them and the services that are there for them,” the prime minister said.
“The courts have done their job they’ve rendered their verdict and that’s the system of justice in this country and that must be respected.”
10.35am: Read the judgment summary
• Mobile users click here to view pdf
• To download the full, 325-page judgment click here
Remy Varga 10.30am: Relief for victim’s family
Shine Lawyers Lisa Flynn said the father of the deceased victim felt relieved by a sense of justice. “There were tears but he describes a weight being lifted,” she said.
The law firm has issued a statement:
“Today the court of appeal has made the correct decision by upholding the jury’s verdict which saw George Pell convicted of child sexual abuse. The disgraced cardinal is in the right place behind bars.
“Our client has always said that he does not want the man who he holds responsible for his son’s downhill spiral and subsequent fatal heroin overdose to ever again have contact with any members of society.
“It’s been an extremely tough wait for our client who has had to deal with the awful thought that maybe the man who destroyed his son’s life could have his conviction overturned. He shed tears of relief in the courtroom when the judgment was handed down this morning.
“The jury heard the evidence first hand from all of the witnesses, including the remaining victim, and decided that George Pell was guilty of child sex abuse beyond reasonable doubt. The court of appeal today agreed that our community representatives got it right and this sends a powerful message to all survivors of sexual abuse. You are finally being heard.
“We can only hope that this drawn out process is over once and for all and that the case does not now end up in the High Court of Australia.
“Regardless of today’s appeal outcome, our client was always going to continue to pursue a civil claim. We will continue to fight for compensation for him. He has suffered immensely knowing what George Pell did to his son as a young choirboy.”
Tessa Akerman 10.20am: ‘No doubt’ about guilt
In the summary of the reasons that were handed out by the court Justice Ferguson said she and Justice Maxwell didn’t experience a doubt that Pell was guilty.
“The Chief Justice and Justice Maxwell accepted the prosecution’s submission that the complainant was a very compelling witness, was clearly not a liar, was not a fantasist and was a witness of truth,” the summary said.
Justice Weinberg, however, found that at times the complainant was inclined to embellish aspects of his account.
“He concluded that his evidence contained some discrepancies, displayed inadequacies ... so as to cause him to have a doubt as to the applicant’s guilt,” the summary said.
“He could not exclude as a reasonable possibility that some of what the complainant said was concocted, particularly in relation to the second incident.
“Justice Weinberg found that the complainant’s account of the second incident was entirely implausible and quite unconvincing.”
The summary said Justice Weinberg’s view was that there was a “significant body” of cogent and, in some cases, impressive evidence suggesting that the complainant’s account was, in a realistic sense, “impossible” to accept.
“To his mind, there is a significant possibility that the Cardinal may not have committed the offences.”
The summary also said part of Pell’s case on appeal was that there were 13 solid obstacles in the path of a conviction including that it was not possible to pull his robes to the side.
“The Chief Justice and Justice Maxwell found that the robes were capable of being manoeuvred in a way that might be described as being moved or pulled to one side or pulled apart.
Remy Varga 10.15am: Decision welcomed
Child sexual abuse advocate Chrissie Foster described today’s verdict as “an outstanding example of justice”.
“It’s a rare thing and so many victims will be encouraged and propped up by this,” she told reporters outside Victoria’s Supreme Court. “It’s just astounding we’re not used to this.”
Remy Varga 10.10am: ‘Justice has prevailed’
Michael Advocate, a sexual abuse advocate who uses a pseudonym, said he was “in shock” after Pell’s appeal was quashed.
“Justice has prevailed,” he said. “All I can say is I may not be smiling but I’m laughing on the inside.”
Remy Varga 10.05am: Emotions high
A screaming match has broken out between a supporter of George Pell and a child abuse advocate outside Victoria’s Supreme Court. Police watch carefully as people exit the court to a waiting media pack.
Tessa Akerman 10am: Dissenting view
Justice Ferguson said Justice Weinberg found the complainant’s account of the second incident of abuse “entirely implausible and quite unconvincing”.
She said the court unanimously refused leave to appeal on the other two grounds. She said the animation of particular people moving throughout the cathedral bore little resemblance to the actual state of the evidence.
She said the animation had the potential of “misleading or at least confusing the jury.”
Justice Ferguson said the third ground concerning the arraignment in the physical presence of the jury panel.
She said the legislation included presence by video link.
Tessa Akerman 9.58am: Defence argument rejected
Justice Ferguson said she and Justice Maxwell found the evidence of opportunity witnesses varied possibly because of the passage of time or attempting to recall events which were repeated week after week, year after year.
She said the two justices rejected all 13 alleged obstacles put by Pell’s legal team including the “physical impossibility” of exposing himself wearing the ceremonial robes
She said they could be moved, manoeuvred or put to one side.
Justice Ferguson said Justice Weinberg found at times the complainant embellished his account, causing him to have a doubt.
Remy Varga 9.53am: ‘Long fight’ over
Robert House, from the Care Leavers Australia Network, said today was a historic win for child sex abuse victims. “It bring hopes to humanity,” he said. “It’s been a long, long fight.”
Tessa Akerman 9.50am: Decision explained
Justice Ferguson is going through the prosecution case that the complainant was a truthful witness.
She said the court of appeal had to determine whether on the evidence presented to the jury it was open to the jury to convict.
She said she and Justice Maxwell found there was nothing about the complainant’s evidence or opportunity evidence must have had a doubt.
“We also state that we did not experience a doubt,” she said.
Justice Ferguson said the complainant appeared to be telling the truth and his explanations of why he could only remember some things “had a ring of truth.”
Tessa Akerman 9.45am: Case ‘divided community’
Justice Ferguson said George Pell’s case had divided the community.
She’s now going through the summary. Each of judges watched recordings of evidence given, Pell’s police interview and the jury’s walk-through of the Cathedral.
In a unanimous decision the court refused leave to appeal on the second and third grounds which were based on refusal by the trial judge to allow the defence to play an animation of movements around the cathedral and the fact Pell wasn’t in the same room as the jury panel when he was arraigned.
Remy Varga 9.40am: Decision cheered
Screams of joy have erupted outside Victoria’s Supreme Court as news broke the appeal against George Pell’s conviction had been dismissed 2-1.
Tessa Akerman 9.37am: Pell loses appeal
George Pell’s appeal against his conviction has been rejected by the Victorian Court of Appeal.
Chief Justice Anne Ferguson and Justice Chris Maxwell granted leave to appeal on ground one of Pell’s application that the verdict was unreasonable but rejected the appeal.
Justice Mark Weinberg dissented and would have granted the appeal. Pell was appealing his conviction on five charges of historical child sex abuse.
The full judgment which will be made public later today is more than 300 pages. Cheering was heard from outside as the decision was read out.
9.20am: Long queues to get in court
Outside a long queue of victim advocates, Pell supporters and journalists waiting to get into the court snaked along the street, AAP reports.
“I think today is going to be explosive. There’s no doubt about that. We’re in for a shocking day,” abuse survivor Michael Advocate said.
— AAP
John Ferguson 9.05am: Interested observers
There are about 100 people in the courtroom, including abuse advocates Chrissie Foster and Viv Waller. Pell’s brother David and his niece are in the front row of the public gallery.
John Ferguson 8.48am: Support for Pell
The courtroom is open and about 45 people have arrived, including George Pell’s close friend Chris Meaney.
John Ferguson 8.33am: Pell’s divisive persona
Let’s not forget that if George Pell is released, it will unleash one of the great culture wars.
Pell has been pursued relentlessly for decades for his conservatism and positions on issues like climate change. There has never been a more controversial leader in the Australian Catholic Church.
If he stays inside, it will all but shut the door on any rehabilitation of Pell’s reputation.
He has arrived at the court precinct, no doubt praying for legal redemption.
Remy Varga 8.30am: Pell arrives for appeal judgment
George Pell has arrived at court to learn the outcome of the appeal against his conviction for child sex abuse.
Once the most powerful Australian in the Catholic Church, Pell arrived in a prison van this morning to find out his fate at the hands of Victoria’s Court of Appeal.
The disgraced cardinal wore handcuffs as he was led into court.
Remy Varga 8am: ‘Today a game changer for us all’
Speaking outside court this morning, anti-sexual abuse campaigner Michael Advocate (who uses a pseudonym) says today’s appeal held two-fold significance for George Pell.
“Today will be a game changer for all of us,” he said.
“There’s two separate issues which will unfortunately converge today. If Pell’s innocent he must be released. But he has massive consequences to answer to … there are tens of thousands of victims who suffered under his neglectful leadership.”
A woman holds a bible outside the Court of Appeal ahead of the Pell verdict. Tensions between sex abuse survivors and the cardinal’s supporters are beginning to flare pic.twitter.com/3HXKEpDtGf
— Remy Varga (@RemyVarga) August 20, 2019
Fellow anti-child sex abuse campaigner Chrissie Foster said today was a moment of reckoning for the Catholic Church.
“I’m hoping his [Pell’s] conviction will hold and it sends a message right to the top of the church that no, they won’t get away with this.”
Ms Foster, whose two daughters were abused by a Catholic priest, said the appeal could go one way or another.
“Statistics tell us he will get off but we’re hoping the opposite,” she said.
“The opposite’s happened all the way through with this case.”
Remy Varga 7.50am: Judges for Pell appeal
Chief Justice Anne Ferguson, Court of Appeal president Justice Chris Maxwell and Justice Mark Weinberg are the judges who’ll today rule on George Pell’s appeal on his child sex abuse conviction.
Only two of the three judges need to agree to either overturn Pell’s conviction or let it stand.
CHIEF JUSTICE ANNE FERGUSON
■ Anne Ferguson became the first solicitor and second woman to be appointed Chief Justice of the Supreme Court in August 2017. Justice Ferguson was admitted to legal practice in 1984 and worked as a solicitor on high profile corporate cases including the collapse of Opes Prime and the Pyramid Building Society. Justice Ferguson was appointed to the Supreme Court in 2010 and to the Court of Appeal in 2014.
—
PRESIDENT OF THE COURT OF APPEAL, JUSTICE CHRIS MAXWELL
■ Justice Chris Maxwell was appointed President of the Appeal Court in 2005. He was admitted to the bar in 1978 but put his legal career on hiatus in 1981 to serve as private secretary to then Commonwealth Attorney-General Gareth Evans. He was appointed as Queen’s Counsel in 1988 and served as Legal Aid Commissioner for seven years. He appeared pro-bono as counsel in a 2001 Federal Court case that sought to bring asylum seekers who had been detained on Norwegian Freighter MV Tampa to the Australian mainland in 2001.
—
JUSTICE MARK WEINBERG AO
■ Justice Mark Weinberg joined the Victorian Court of Appeal in 2008 after serving as a Federal Court judge for 10 years. He served as Dean of Law at The University of Melbourne in the mid 1980s and was appointed Queen’s Counsel in 1986 before serving as the Commonwealth Director of Public Prosecutions for three years. Justice Weinberg was appointed an Officer of the Order of Australia in 2017 for distinguished service to the judiciary and to the law.
John Ferguson 7.30am: What’s next for Pell?
If George Pell is freed today it will create a logistical nightmare for the church.
It is quite possible he will make a statement outside the court, assuming the judgment goes his way. He will need to pick up his belongings from the prison, but that probably doesn’t require him to be at the prison when this happens.
If he stays inside, he will be returned to the Melbourne Assessment Prison and is likely to be shifted reasonably soon to a facility for sex offenders. These are situated in rural Victoria.
John Ferguson 7.12am: The cameras are rolling
Media gather outside the laneway where George Pell will arrive in a prison van. It is only a three minute drive from the Melbourne Assessment Prison to the Supreme Court.
John Ferguson 6.30am: Pell prepares for judgment
Today is D-Day for George Pell.
If his appeal fails, the convicted sex offender will have no short-term prospects of leaving jail.
It is likely he would spend at least another year in prison. Maybe more. Assuming the High Court heard any further appeal.
Conversely, if the Court of Appeal finds in favour of Pell, 78, he could walk free about 10am.
This would be if his legal team successfully appeals on the basic fact that the jury got it wrong.
If the court rules in his favour on one of the other two minor grounds, there could be a retrial.
If this were to occur, this would be his third County Court trial, an outcome that would appear borderline cruel for both parties.
The Australian revealed on June 30, 2017, that Pell had been charged with multiple sex crimes.
In all, there were 26 charges involving nine complainants. This excludes the Phillip Island complaint made against him when Pell was a seminarian in 1961 or 1962.
It also excludes a complaint about his behaviour at a lake in country Victoria but Pell was not charged for this alleged crime.
Pell’s legal team is basically arguing that the jury got it completely wrong — that it should not have found the cardinal was a brutal sex offender in the sacristy at St Patrick’s Cathedral in 1996 and 1997. That it was organisationally impossible for him to commit the offences.
John Ferguson 6.15am: Accusers ready to sue Pell
George Pell will face multiple civil court actions over child sex abuse regardless of the outcome of today’s appeal judgment on his criminal convictions.
The father of the late choirboy sexually abused by Pell in 1996 has vowed to pursue the church and Pell, 78, whatever the result of the Court of Appeal finding.
The father is one of several people pursuing Pell, the church and other senior church figures for compensation flowing from either abuse or failing to stop abuse.
The choirboy died in 2014 of a drug overdose aged about 30, a death his father claims was linked to post-traumatic stress disorder caused when Pell sexually abused the boy as a 13-year-old in Melbourne’s St Patrick’s Cathedral.
Read the full story here.
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