Cardinal George Pell: solitary cell for new prisoner

Cardinal Pell has spent his first night alone in jail, ­starting what could be a long prison term for “callous, brazen” child sex abuse

Cardinal Pell outside court this week. Picture: Aaron Francis

Cardinal George Pell has spent his first night alone in a Melbourne jail, ­beginning what could be a lengthy prison term for child abuse crimes that a senior judge yesterday described as “callous” and “brazen” with an “element of brutality”.

The Chief Judge of Victoria’s County Court, Peter Kidd, remanded the nation’s most senior Catholic cleric into custody yesterday ahead of sentencing on March 13, for what he described as a “blatant” attack on two teenage choir boys after Sunday mass at St Patrick’s Cathedral in 1996.

Pell dropped his application for bail while he pursued his appeal against his conviction in December of one count of sexual penetration of a child under 16 and four counts of indecent acts with, or in front of, a child under 16.

The Vatican said last night it would launch an inquiry into Pell, the former third-highest-ranking official of the Catholic Church. The investigation could result in a canonical trial and Pell’s eventual expulsion from the priesthood.

“The Congregation for the Doctrine of the Faith will now handle the case following the procedure and within the time established by canonical norm,” Vatican spokesman Alessandro Gisotti said in a statement.

Pell ran a gauntlet of vocal protesters as he entered the court yesterday but left in a prison van, taken to the Melbourne Assessment Prison in West Melbourne where he was inducted into the corrections system. His profile and the nature of his crimes make him an “at-risk prisoner” who will be in isolation 23 hours a day.

“He will need to be protected from others,” his lawyer, Robert Richter QC, said. “He has been portrayed in the media and everywhere else as the incarnation of evil in the Catholic Church.”

Two former prime ministers yesterday voiced their support of the fallen cardinal, John Howard providing a character reference for Pell and Tony Abbott telling Sydney radio he had called Pell after his conviction became public and found the verdict “devastating”.

In the pre-sentencing hearing, prosecutor Mark Gibson SC said Pell’s abuse of two vulnerable boys warranted immediate imprisonment and the former archbishop had shown a “degree of callous indifference”. He said there was a breach of trust and Pell was in a position of authority.

“These acts … were in our submission humiliating and degrading towards each boy,” Mr Gibson said. “The prisoner has shown no remorse or insight into his offending.”

Judge Kidd described the offending as callous and brazen exploitation of two vulnerable boys. “There was an element of brutality to this; it was an attack,” he said.

He said Pell believed he would “get away” with the crimes. “At the moment I see this as callous, brazen­ offending. Blatant,” the judge said. “He had in his mind a sense of impunity. How else did he think he would get away with this?

“At the time he thought he was going to get away with it or he wouldn’t have done it.”

The abuses took place after Sunday solemn mass at St Patrick’s Cathedral in 1996 and in February 1997 soon after Pell became archbishop of Melbourne.

One of the victims gave evidence at Pell’s criminal trial. The other died about five years ago.

Pell abused the two boys in the priest’s sacristy, exposing his penis and forcing it into the mouth of one of the boys. He was also found to have grabbed the boy by the testicles in a church corridor two months later.

Mr Richter QC argued that Pell’s offending was at the low end of the scale and had no aggravating ­features.

“This is no more than a plain, vanilla sexual penetration case where a child is not volunteering or actively participating,” he said.

“It must be clear by now I am struggling with that,” Judge Kidd replied, hitting back.

Mr Richter said there was no pre-planning in the assault, no use of implements and the duration was very short. He said a “temporary loss of judgment” could not be ruled out.

Judge Kidd challenged him, saying Pell had engaged in shocking conduct that allowed no “innocent explanation”. “People don’t go ahead and do what he did without thinking about it,” he said.

“People make choices, they’re reasoned choices and that’s what he made and he continued to make it over five minutes.”

Pell’s legal team submitted 10 character references, including references from former prime minister John Howard, Greg Craven­ and Terry Tobin QC.

“Cardinal Pell is a person of both high intelligence and ­exemplary character … It is my view that he has dedicated his life to his nation and his church,” Mr Howard wrote in his reference.

Mr Richter said Pell had many supporters, who would have provided references: “These people love him; none of them believe he is capable of these offences.’’

He said Pell was a man “of the highest character” with a great deal of compassion and a great sense of humour. “He relates to everyone from a prime minister to street beggars,” Mr Richter said.

“(These references) speak of a private persona very different to the bureaucratic persona.”

Judge Kidd made it clear he was sentencing Pell alone for the crime. “From where I’m sitting, the Catholic Church is not on trial and I’m not imposing sentence on the church,” he said.

Judge Kidd spoke after Mr Richter urged him to divorce himself from emotion in sentencing the cardinal.

“This is a court of law; this is not a court of morals,” Mr Richter said.

A forensic sample will be taken from Pell in custody and he will be registered as a serious sexual offend­er. Mr Richter said Pell would be vulnerable in jail because of his age, crimes and high profile.