George Pell sentencing: The Red Baron, Fat Tony and the judge

Whatever happens this morning, George Pell is leaving court in the back of a prison van. This is not from a lack of trying.

Cardinal George Pell arrives at the County Court in Melbourne in February. Picture: AAP

Whatever happens, George Pell is leaving court in the back of a prison van. This is not from a lack of trying. The cardinal has had a diamond-studded legal team, including Robert Richter QC, his junior Ruth Shann, solicitor Paul Galbally and now his new silk Bret Walker, SC, who will lead the appeal. Whoever is funding this defence is bleeding cash. It’s not the church paying the bill. But probably men of the faith with big gigs around Collins St and Martin Place. Don’t forget the prosecution. Mark Gibson SC’s closing in the second trial was outstanding, relying as he did on the credibility of the sole living victim in the cathedral trial.

LIVE: Follow the latest as George Pell is sentenced in Melbourne.

Gibson was supported by senior crown prosecutor Fran Dalziel. Dalziel worked with Chief Judge Peter Kidd in a past life when Kidd was with the Crown. Kidd and Dalziel helped slot gangland crook Tony Mokbel, aka Fat Tony, who was recently stabbed during a prison brawl. Kidd said when leaving his old job: “I reserve my last and special thanks to my long suffering, plain speaking and talented junior, Fran Dalziel. Anyone who worked as my junior for some three or four years, as she did in the Mokbel related litigation, deserves a medal.”

The finish line?

When Pell is sentenced at 10am this morning in Melbourne it will feel much like the last 2km of a 42km marathon run in a hot, northerly wind. Bones aching. Almost there, but not quite. The sentence, which will likely be for years, will be a crushing blow for Pell’s supporters, whatever the length. His friends would say he always has the Court of Appeal. His enemies — and there are many — would say that it’s time to throw away the key.

Saving face

When the first cathedral trial ended in a legal stalemate, there was a lot of hand wringing at senior levels of the church. The hope was that Pell would win and he could get on with his life. It was a massive blow to his reputation and internal standing. It quickly leaked that the jury was 10-2 in favour of Pell. I will believe this when two members of the jury out themselves publicly. Until then, who would know?

Still from George Pell’’s police interview in Rome

Don’t forget the victim

So how can people be so certain, either way, of the cardinal’s innocence or guilt? Having spoken to many lawyers, experts and more than a few ne-er do wells, it’s pretty clear to me that the jury believed the word of the sole witness, Pell’s cathedral victim. But there are so many questions about the plausibility of the offending that the Court of Appeal will have a heck of a time sifting through the facts. Probability is the word of the day. The courtroom feedback, however, is that the sole witness was credible, notwithstanding the contradictions in some of the evidence.

Probably worth keeping an open mind

The Court of Appeal sits in June and there are three possible outcomes. One is that the verdict is thrown out. Another is that there is a third trial. Which would take the 42km mark of the marathon back to about the 10km mark. Then there is the distinct possibility that nothing changes and the verdict stands.

Pope Francis, left, and Cardinal George Pell, right.

Busy as The Corner on game day

In the early 1990s I used to wander across Fitzroy Gardens to St Patrick’s Cathedral for solemn mass and sit next to the choir on the eastern side of the church. The Sunday Herald, Alan Farrelly’s long gone broadsheet was up and running, and after the paper was read, I would wander off to the cathedral to recover from writing about the death of the Cain/Kirner governments. It’s a long time ago but my habit, as it had been for many years, was to remain for 10 minutes or so after the mass had ended. St Pat’s at this time was busier than the Corner Hotel after the football. Once the choir had left and parishioners started (slowly) clearing out, the Japanese tourists would take over. St Pat’s is not like your normal parish mass. It is an experience not unlike Notre Dame or the Vatican. People everywhere.

Frank ain’t that bad

One of the interesting elements of the coverage of the Pell trial has been the attempt to demonise Father Frank Brennan. There is more than a little lack of institutional knowledge about Brennan from some quarters. He and Pell have rarely ever sung from the same hymn sheet. I can only guess that there is no great love between them, coming from opposing Catholic factions. So characterising Brennan as a crony of the cardinal is wide of the mark. Maybe Brennan has an issue with the law as it relates to Pell’s case? There certainly are concerns among senior Catholics about the potential for a wave of new cases against senior Catholic clergy. Pell grew up in a pub. Brennan grew up the son of former Chief Justice of the High Court, Gerard Brennan. Brennan knows a bit about the law and is best known for his human rights activism.

Cardinal George Pell's lawyer Robert Richter QC leaves the County Court in Melbourne.

Same goes for the Red Baron

Pell’s barrister in the two criminal trials, Robert Richter, is an Age-reading Leftie. It’s hard to imagine two men with more divergent opinions than Richter and Pell. Richter has been very active over the years on drug law reform, favours euthanasia and is a good person when it comes to lost causes. His remark during sentencing submissions about “vanilla’’ rape was deeply unfortunate. I suspect he knows that better than anyone.

Time to blow up the twittersphere

It’s been an interesting experience watching the social media fallout from the Pell verdict and beyond. Let’s say there has been more than a fair bit of self-serving nonsense that should embarrass a Year 8. If ever anyone wanted to kill their passion for twitter, then the Pell case is it. But stand by for the 10am sentencing to be broadcast on the major channels. This is a rare occurrence that will be putting digital technology to a good, rather than bad, use.

Can Pell’s reputation ever be rebuilt?

Probably not. One of the consequences of being in jail is that it opens up the media flood gates. If Pell remains in prison for several years, expect to read a whole lot more negative stories, free of the handbrake known as defamation. Then again, if he gets out in June, he will be wanting to set his record straight. Big time. He would retain his place in the church as a cardinal but life will be very different to his Vatican days.