Fears for trial fairness if George Pell faced charges

George Pell should know within weeks if police will lay charges over child-sex-abuse allegations.

Cardinal George Pell and his alleged victims should know within weeks if police will lay charges over historical child-sex-abuse allegations, as concerns mount about whether a fair trial would be possible.

Victoria Police Commissioner Graham Ashton yesterday said a decision would be made quickly. However, the assurance of a deadline is understood to have been met with scepticism by church officials, given the matter has gone back and forth between police and prosecutors for more than a year.

Combined with the long-running Royal Commission into Institutional Responses to Child Sexual Abuse, which has probed allegations of child sex abuse by some Catholic priests and others, claims against Cardinal Pell that date back about 40 years have been the subject of extensive media attention and public scrutiny. Interest culminated this week with the high-profile release of a book about him.

The Law Institute of Victoria has raised concerns about publicity and whether it has jeopardised Cardinal Pell’s chance of receiving a fair trial should he face an Australian court.

Cardinal Pell has repeatedly denied any wrongdoing.

Australia’s highest ranking Catholic is now based at the Vatican and handles the church’s financial affairs.

“Everyone deserves the presumption of innocence and a fair hearing if they stand accused of a crime,” a spokeswoman for the law council told The Australian.

“Of particular concern, given the sheer amount of prejudicial material that has been published, is the possibility that a stay application might have to be made should this matter reach the courts.” A stay of proceedings could mean a significant delay to enable a fair trial.

Sydney Archbishop Anthony Fisher also voiced concerns yesterday, arguing the release of the book in the same week Victoria Police received final advice on the matter from the state’s Office of Public Prosecutions did little to “assist the impartial pursuit of justice”.

Mr Ashton has declined to say whether the OPP has recommended charges should be laid.

However, it has been reported the prosecutor advised that any decision to charge would be “an operational one” to be made by senior police.

Historic sex-abuse allegations are notoriously difficult to prosecute and convict.

“If charges need to be laid, we won’t be saying we intend to lay charges, we’ll just get on and do it,” Mr Ashton said on ABC Radio yesterday. “The process from here, on cases of this nature, are generally done fairly quickly, within a few weeks.”

Cardinal Pell this week repeated his firm rejection of the allegations against him, which relate largely to his time as a priest in the Ballarat diocese, where hundreds of children were abused by the clergy. It has been claimed he abused boys at a swimming pool in the late 1970s.

“I’d just like to restate my innocence,” the 75-year-old told reporters in Rome. “I stand by everything I’ve said at the royal commission and in other places.”

If charged, Cardinal Pell would be asked to return to Australia to give evidence. A heart problem previously has prevented him flying.